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NEIGHBORHOOD COUNCIL TRAINING MANUAL

LEGAL ISSUES

FOR NEIGHBORHOOD COUNCILS

Office of the City Attorney
Rockard J. Delgadillo
City Attorney

■Neighborhood Council Advice Division!
( 213 ) 978-8132

General Counsel Practice Group

TABLE OF CONTENTS

TAB

LETTER FROM THE CITY ATTORNEY

GENERAL ISSUES REGARDING NEIGHBORHOOD COUNCILS

THE BROWN ACT AND NEIGHBORHOOD COUNCILS. 1

STATE AND CITY CONFLICT OF INTEREST LAWS: INFORMATION FOR
BOARD MEMBERS OF NEIGHBORHOOD COUNCILS. 2

THE PUBLIC RECORDS ACT. 3

HOW TO CONDUCT A PUBLIC MEETING.4

LIABILITY CONCERNS FOR NEIGHBORHOOD COUNCIL BOARD
MEMBERS.5

AMERICANS WITH DISABILITIES ACT.6

ELECTION ISSUES .7

SUMMARY OF LEGAL ADVICE RE: NEIGHBORHOOD COUNCILS.8

RESOURCES.9

Article IX, City Charter

Plan for a Citywide System of Neighborhood Councils
Ordinances implementing the Plan
Meeting Agenda
Opening Meeting script

Neighborhood Council Economic Interest Disclosure Form
Bylaws Checklist

Office of the City Attorney

. Rockard J. Delgadillo
City attorney

Dear Neighborhood Council Boardmember:

Congratulations on your selection or election as a Neighborhood Council
Boardmember. Our City government benefits tremendously from the participation of
volunteers such as yourselves who have embarked upon the new journey of
neighborhood empowerment that are Neighborhood Councils. The City Attorney’s
Office stands ready to assist in any way we can to make your tenure on your
Neighborhood Council board a productive and rewarding experience.

Because Neighborhood Councils are an important part of City government, an
appreciation and understanding of City governance, City rules and the applicable laws
will undoubtedly assist you in your efforts. To that end, this office has provided
materials for you that we think you will find useful:

• General Issues Regarding Neighborhood Councils

• Information on the Ralph Brown Act, the Conflict of Interest Laws and the
Public Records Act

• An overview of How to Conduct A Public meeting

• A Discussion of Liability Issues of Concern to Neighborhood Councils

• Information regarding the Americans With Disabilities Act

• Election Issues

• A summary of this office’s most significant legal opinions and advice
letters; and

• Sample forms/resources to aid in the operation of your Neighborhood
Council.

AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER
200 NORTH MAIN STREET • LOS ANGELES, CA 90012-4131 • 213.978.8100 • 213.978.8310 TDD

Recyclable and made from recycled waste.

Neighborhood Council Boardmember
Page 2

As City Attorney, this office possess a number of responsibilities, including
serving as legal advisors to all City Commissions, department officers, and entities, as
well as certified Neighborhood Councils. To assist Neighborhood Councils, I created a
Neighborhood Council Advice Division, which is headed by Managing Assistant City
Attorney Gwendolyn Poindexter. The Division attorneys are available to assist you in
performing your duties under the City Charter, the Plan for a Citywide System of
Neighborhood Councils, and the implementing Ordinance. Tom Griego advises the
Neighborhood Councils in the South Valley, Harbor and West areas. Peter King
advises the Neighborhood Councils in the South and East areas of the City and Darren
Martinez, the North Valley and Central areas. The Division attorneys can be reached
by telephone at: (213) 978-8132.

We hope these materials are helpful to you in performing your duties as a
Neighborhood Council board member. We thank you for your dedicated service to the
City of Los Angeles.

RJD/GRP/pb

GENERAL ISSUES REGARDING NEIGHBORHOOD COUNCILS

History Of Neighborhood Councils

The system of neighborhood councils became a feature of Los Angeles city
government following the enactment of a new City Charter in 1999. For the first time in the
City’s history, a citywide system of neighborhood councils was created to “promote more
citizen participation in government and make government more responsive to local needs..
..” Charter § 900.

What Is A Neighborhood Council?

Now that the City has embarked on certifying neighborhood councils, some councils
are still asking the question: What is a neighborhood council in relationship to the City of
Los Angeles and how does it fit in the “City family” compared to other City boards or
commissions?

The City Charter states that neighborhood councils will have an “advisory role on
issues of concern to the neighborhood,” provide input to decision-makers before decisions
are made and should include representatives of the “diverse interests in their area.”
However, nowhere in the Charter is there a precise definition of a neighborhood council.

Neighborhood councils, once certified, are part of the City family. As such,
neighborhood councils are not unlike other advisory boards and commissions.

However, the difference between neighborhood councils and other City advisory
boards or commissions is that the jurisdiction of the neighborhood council is, in some
sense, self-defined, as opposed to being defined by ordinance, and the board members
are self-selected, rather than appointed. The system was designed to allow neighborhood
councils to decide for themselves what issues are important to them and what input they
wish to give to the various decisiori-makers on these issues. Because they are part of the
City’s governmental structure, they are doing the public’s business and must comport with
the same type of rules as do other advisory bodies, such as the Brown Act, Public Records
Act and the City’s conflict of interest and ethics rules. However, as a City advisory body,
neighborhood councils are protected from liability in the same manner as other City boards
and commissions. (See discussion below.)

What Is The Status Of Their Advice?

The Charter provides that neighborhood councils should have input before decisions
are made. Charter § 907. This means that neighborhood councils may take positions at
their meetings as to what recommendations or advice they wish to communicate (either in
writing or orally) to the decision-makers. The City decision-makers will take the

recommendations of the neighborhood council into consideration when they render a
decision on whatever matter is before them.

May A Neighborhood Council Also Incorporate Itself As A Non-profit Corporation?

The Plan for a Citywide System of Neighborhood Councils (“Plan”) recognizes that
“certified neighborhood councils shall be as independent, self-governing, and self-directed
as possible” and that the Department shall assist certified neighborhood councils to pursue
tax-exempt or non-profit incorporation “to strengthen their independence.” Plan, Article II,
Section 4. Thus, neighborhood councils may pursue non-profit status, but the creation of
that entity, a non-profit corporation, becomes a separate and distinct entity that is not part
of the City family. One of the reasons for this is because a non-profit corporation has
separate obligations to the State of California that may differ from the rules established
under the Charter and the Plan. Thus, “a neighborhood council could incur separate and
distinct liability for a breach of its duties as a non-profit corporation. . . .” City Attorney
letter dated April 5, 2001.

As an alternative to this approach, a non-profit support group could be formed to
support a neighborhood council. See, Summary of City Attorney Opinions, Tab 8, Section

3J.

What Kind Of Liability Protection Is There For A Neighborhood Council?

Generally, as an advisory body to the City, members of governing boards of
neighborhood councils are subject to the same immunities as other City employees,
boards and commissions. While the legal liability arena is complex and often is fact
dependant, the general rule is that the City has an obligation not only to defend, but to
indemnify a City official or employee for a court judgment against him or her as long as the
conduct that resulted in the award of liability was within what the law defines as the “scope
of employment.” In the context of a neighborhood council, official activities that result from
its role as an advisory body (such as conduct of meetings, recommendations that it makes,
neighborhood improvement projects under Departmental rules and guidelines) would most
likely fall within this rule. However, often what activities fall within the “scope of
employment” depends on the facts of a particular case. The objectives of the Plan and
Charter as well as each neighborhood council’s by-laws will provide some general
guidance should issues of liability arise based upon a particular set of facts.

May Neighborhood Councils Sue the City or Take Administrative Appeals from City
Decisions?

No. Neighborhood Councils are part of the City and may not file administrative
appeals from other City actions or file a lawsuit against the City. However, this does not
preclude any individual, including a board member, from filing an administrative appeal ora
lawsuit against the City.

May Neighborhood Councils spend money on items not related to their role of
neighborhood councils?

No. Moneys appropriated to Neighborhood Councils are public funds and
neighborhood councils must spend City money only for a public purpose. The Regulations
that implement the Plan for a Citywide System of Neighborhood Councils identify that
money may be spent for costs related to the “functions, operations, and duties of being a
certified neighborhood council” and for “neighborhood improvement project.” See,
Regulations,

Los Angeles Administrative Code, Section 22.810.1 (g), Tab 8.

May Neighborhood Councils spend public funds to lobby their stakeholders or other
members of the public to support the neighborhood council’s position on its
recommendations?

No. Because neighborhood councils are public agencies, they may not use public
funds to encourage members of the public to support their position. Public agencies may
not spend money on “grassroots lobbying” effort. 42 Ops. Cal. Atty Gen 25 (1963).
Although Neighborhood councils are authorized by the City Charter to take positions on
matters and make recommendations to the City’s decision makers, they may not ‘lobby’ or
attempt to persuade their stakeholders or other members of the public to also support its
decision. Miller v. Miller (1978) 87 Cal. App. 3d 672. However, nothing prohibits
neighborhood councils from encouraging stakeholders and members of the public to attend
public meetings or hearings to gather information on issues and provide public in input on
issues coming before the City’s decision makers.

May Neighborhood Councils take positions on state or federal legislation?

No. While individuals may lobby or advocate their desired position to state and
federal officials, Neighborhood Councils, as City entities, lack authority and are precluded
from taking official positions on state and federal legislation. The Mayor and City Council
have exclusive power over the City’s intergovernmental relations, which includes
advocating the City’s position on laws that are pending with state or federal governmental
agencies.

[ 93337 ]

1. The Brown Act

The Brown Act and Neighborhood Councils

-Quick Hits-

Meeting. Any congregation of a majority of members (or the number that constitutes a

quorum), to hear, discuss, or deliberate upon any matter within the NC’s jurisdiction.

► Must be open to the public.

► Must be conducted at an ADA accessible facility

► Agendas of regular meetings must be posted (and allowed to be viewed) 72
hours in advance/special meeting agendas must be posted 24 hours and
delivered to board members; Agendas must include mandatory ADA language

► NC board members may only discuss items that are listed on the agenda.

Exceptions: May discuss and direct that future items be put on the agenda;

May briefly discuss own activities or briefly respond to comments made or questions
asked during general public comment portion of meeting.

► No secret ballots/anonymous voting by board or committee.

► No Closed meetings or “executive sessions.” Limited exceptions: a) pending litigation
against the NC or; b) personnel exception only involving city employee . 1

► What isn’t a meeting. Individual contacts or conversations with a board
member/a majority attending; purely social or ceremonial events; other public
meetings, conferences advertised to the public. 2

► No serial meetings. A series of separate communications (usually non-public),
each of which involves less than a majority of the legislative body, but which
taken as a whole, ultimately involves a majority (or the least number of
board/committee members that can take action) of that legislative body. Rule:
May not use direct communication, personal intermediaries, or technological
devices (phone, fax, e-mail) by a majority to develop a collective concurrence as
to action to be taken.

1 These exceptions shall not be invoked before conferring with the Office of the City Attorney.

2 A majority of members at public events may not discuss among themselves business of a
specific matter under the NC’s jurisdiction.

► Standing committee meetings are subject to the Act/ Ad hoc Committee
meetings are not if committee is comprised solely of less than a majority of the
NC board members.

Location of Meetings

► Meetings (including retreats) must be held within the boundaries of the
Neighborhood Council, unless an exception under the Act can be met.

► Teleconferencing allowed under carefully defined conditions and the meeting
notice must identify all teleconference locations and each location must be fully
accessible to members of the public.

► Accessible to the public under the ADA/Non-discriminatory facilities

Rights of the Public

► Members of the public may comment on each agenda item which opportunity
must be offered before decisions/recommendations are made regarding that
item; NC has right to limit public testimony by time per individual, or total subject
matter. Chaffee v. San Francisco Public Library Commission (2005) 134 Cal.
App 4th 109.

► Members of the public may make general public comments on items not
specifically listed on the agenda but within the NC’s jurisdiction.

► Members of the public have a right to see materials that are distributed at
meetings.

► Members of the public may record (audio/video) meeting.

► No sign-in requirement. (Although speaker cards may be used- no one may be
required to fill it out to speak or attend).

Remedies/Penalties

► Civil Remedies. Individuals or the district attorney may file a civil lawsuit for
injunctive, mandatory or declaratory relief or to void actions taken in violation.

► Criminal Penalties. The district attorney may seek misdemeanor penalties
against wilful violations. Standard: the member intended to deprive the public of information
that the member knows (or has reason to know) the public is entitled to.

[118121]

THE BROWN ACT AND NEIGHBORHOOD COUNCILS

What Is The Ralph M. Brown Act?

The Brown Act is a state law which governs open meetings for local governmental
bodies. The Brown Act (also “Act”) is contained in the Government Code at § 54950 et
seq., and establishes rules designed to ensure that actions and deliberations of
commissions, boards, councils and other public bodies of local agencies are taken openly
and with public access and input.

Why Are Neighborhood Councils Subject To The Brown Act?

The Brown Act governs the meetings of all local “legislative bodies,” that is, all multi¬
member councils, boards, commissions, committees and the like, of a local governmental
agency. Only bodies created by charter, ordinance, or the formal action of another
legislative body are covered by the Act. Neighborhood councils are covered by the Brown
Act because the City Charter created the system of neighborhood councils, which required
the approval of a plan to implement the system, and an ordinance to implement that plan.
The ordinance provides for the City to certify, and otherwise recognize neighborhood
councils, as an official component of the City. This combination of features, i.e., the
Charter-created system and adoption of the plan and ordinance, satisfies the “creation by
charter, ordinance or formal action” test of the Act. Thus, meetings of neighborhood
councils are covered by the Act.

What Constitutes A Meeting Of A Neighborhood Council?

A meeting of your neighborhood council will occur when a majority of the members
of your board, or whatever term your bylaws use to define its “governing body,” meet at the
same time and place to hear, discuss, or deliberate upon any matter which is under the
subject matter jurisdiction of your neighborhood council. The jurisdiction of your
neighborhood council will be broad since neighborhood councils are advisory bodies to all
of the City decision-makers. Some neighborhood councils may have defined the particular
areas of importance to them in their bylaws, so those areas will also provide guidance as
to matters over which a neighborhood council will have jurisdiction.

Many neighborhood councils have provided in their bylaws that decisions of their
governing body are made by a majority of the total number on the board. Others provide
that decisions are made by a majority of the number of board members present at the
meeting. Still others provide for decision by action by a majority of the quorum of the
board. If your bylaws provide that some number less than a simple majority of the board
can make a decision on behalf of the neighborhood council, the gathering of that group of

people is an official meeting under the Act. 1 The least number of persons under your
bylaws who can take an official action for your neighborhood council is the number to be
aware of for purposes of compliance with the Act. Meetings subject to the Act may lawfully
be held only if the notice and agenda requirements discussed in this paper are followed. 2

One might think that the Brown Act applies only when a board is making decisions
at a public meeting. In fact, the Brown Act will also apply whenever a majority of your
neighborhood council board meet to simply discuss, deliberate or acquire information
about a matter within the subject matter of your neighborhood council.

A meeting may also include a conference or retreat attended by a majority of
neighborhood council board members. If a conference (or similar gathering) is open to
members of the public, involves issues of general interest to the public or to a number of
public agencies, it is not a meeting subject to the Act, and neighborhood council board
members are free to attend so long as the majority of board members do not discuss
among themselves, other than as part of the scheduled program, specific issues within the
jurisdiction of the neighborhood council. Retreats held by a neighborhood council,
however, would be subject to the open meeting laws of the Act because, by definition, they
do not involve a number of different public agencies but rather, would likely involve issues
relating solely to the neighborhood council. Thus, members of the public must be allowed
to attend, and the retreat would be subject to the Act’s notice requirements, as described
below.

If your neighborhood council decided to hold a lunch meeting or dinner meeting, at
which matters within the jurisdiction of your neighborhood council will be discussed, the
lunch or dinner meeting would need to be noticed as a meeting of the neighborhood
council, and members of the public must be allowed to attend, without having to pay for the
lunch or dinner although they need not receive the meal.

Committee Meetings. Committee meetings of your neighborhood council may also be
subject to the notice and agenda requirements of the Act. Standing committees, which are
committees that have a continuing jurisdiction over a particular subject matter, are subject
to the Act, even if the committee comprises less than a majority of board members or
includes or is made up of only stakeholders from your neighborhood council. If your
bylaws have created several standing committees, these will be subject to the provisions
of the Act.

In addition, interim boards that act on behalf of the neighborhood council after
certification but prior to the initial election of the board are subject to the Act. Similarly,
the committee that is drafting your initial election procedures is subject to the Act.

1 Accordingly, whenever this paper uses the term “majority” to define a meeting, we include the
term “quorum” as well.

2 Less than a majority of board members may meet together or over the phone or by e-mail to
discuss a subject within the jurisdiction of the neighborhood council without having to comply with the Act.

Many neighborhood councils have not created an interim board, but have allowed
the people who are listed on the original certification as “contact people” to be the liaisons
with the Department, until a board is elected. The gathering of those individuals would not
constitute a meeting of a legislative body unless they engage in making decisions on
behalf of their neighborhood council.

Ad hoc, or temporary committees, created by the board from among its members,
numbering less than a majority, are normally not subject to the Brown Act. Generally, a
temporary committee is designed to address a specific issue for a limited time and report
back to the full board. As long as the committee is made up of only less than a majority
of your neighborhood council board members and the committee is of a temporary nature,
the committee will not have to meet in public, nor comply with the other provisions of the
Act. However, if you include any non-board member on a temporary committee, the Brown
Act provisions will apply. Standing committees, and temporary committees that are subject
to the provisions of the Act, do not need to establish a regular time and place for their
meetings.

In addition, there are some common situations that you need to be particularly alert
to, such as informal gatherings, “serial” meetings, including serial meetings that may be
conducted through the use of electronic mail (“e-mail”) and the conduct of neighborhood
council elections, all of which raise Brown Act concerns.

Informal Gatherings. Since your board members will be stakeholders in the
community of your neighborhood council, it is likely that they will have occasion to gather
together informally at picnics, fund-raisers, carwashes or other community events. Not
every gathering of a majority of neighborhood council board members will necessarily
constitute a meeting under the Act. Informal, social gatherings of board members are not
meetings and neighborhood council board members do not need to comply with the
provisions of the Act in order to attend gatherings of that nature. However, even at these
purely social occasions, a majority of the board may not gather together to discuss matters
within the subject matter under the council’s jurisdiction and must guard against discussing
matters that are likely to be issues within the subject matter jurisdiction of your
neighborhood council.

Serial Meetings. The Act prevents, what courts have called, “serial meetings,” that
would be employed by a majority of your board members to develop a consensus as to
action to be taken on a matter coming before your neighborhood council. This is because
the Act’s main goal is to ensure that the public’s business is in fact conducted in public.
A serial meeting is a series of separate communications that ultimately involves a majority
of a legislative body. The Act prohibits this type of communication if it contributes to the
development of an agreement among the majority on any particular item.

For example, if you have an 11-person board, the quorum of your board is 6 people
and official actions are taken by a majority of the entire board, a chain of communications
between six of those members could result in a serial meeting in violation of the Act. This
can occur either if one person contacts the other five members or if, for example, member
A contacts member B who contacts member C, etc., until six or more of the board

members have discussed and agreed to the action they want to take on a particular item.
These types of communications are prohibited under the Act.

The Act also prohibits the use of technological devices to assist in a majority of a
board in arriving at any decision. Therefore, as noted earlier, you must always be aware
of the least number of board members under your bylaws who can take official action on
behalf of your neighborhood council and be particularly cautious of communicating by
telephone, fax, or e-mails with a majority of your members on matters of substance corning
before your neighborhood council. However, communications between board members
and an executive officer, such as a Secretary, to discuss times, dates and placement of
matters on the agenda, and the availability of board members to assess whether an
upcoming meeting will have a quorum, may occur without violating the Act. Similarly,
merely sending or receiving a written communication to or by a majority of the board
members (including an e-mail), does not result in a serial meeting in violation of the Act if
the communication becomes a public record and there is no exchange of these
communications among board members on a substantive issue coming before your
neighborhood council. A majority of board members should also refrain from circulating
motions, proposals and similar documents among themselves for review and signature
other than at a noticed public meeting.

In addition, a serial meeting may occur through the use of an intermediary. Thus,
you cannot use any person for the express purpose of polling a majority of the
neighborhood council board members to gain a consensus on an item coming before the
council. In addition, you may not ask a third party to communicate among the board to
obtain a consensus; you cannot use intermediaries to accomplish the actions that you are
directly prohibited from undertaking.

Elections. For purposes of electing its officers or board members, a neighborhood
council may hold an election day at which stakeholders, including board members, may
cast their votes for their representatives. These type of elections which envision using a
ballot to cast votes anonymously, i.e., “secret ballots”, would not constitute a “meeting”
under the Act. As long as no other neighborhood council business is conducted, these
gatherings, if conducted solely for election purposes, would not constitute a meeting
subject to the Act. However, if any type of neighborhood council business is to be
conducted at the venue for the election, the entire election would be subject to the Act,
unless there is a clear and absolute demarcation between the election and the business
meeting. Otherwise, traditional secret balloting is not allowed since the Brown Act prohibits
voting by secret ballot and all voting would have to occur openly where the person’s voting
choices are readily ascertainable.

Some neighborhood councils provide for the election of their officers to be
conducted by the elected board members, rather than by a general vote of the
stakeholders. This procedure does not occur at an election day, but instead at a public
meeting. At a meeting for the election of officers, an item appears on the agenda for the
election of officers. That meeting must otherwise comply with the notice and agenda
requirements of the Act. In addition, the election itself may not be conducted by secret
ballot. Thus, the board members exercising their right to elect their officers must record

their votes openly, either by voice or hand vote or by a written ballot that can be identified
to the voter and the results are publicly tallied. 3

What Type Of Rules Will Govern The Conduct Of Neighborhood Council Meetings
Under The Act?

Regular Meetings. The Act will require that neighborhood councils hold their
meetings at a regular time and place. The Plan for a Citywide System of Neighborhood
Councils (“Plan”) provides that every neighborhood council must meet at least quarterly.
Your council may, of course, choose to meet more often than the minimum time set forth
in the Plan. Your council should already have included the minimum meeting requirement
in your bylaws and you should establish, either in your bylaws, or subsequently adopted
Rules of Order, a regular meeting place as well.

Open Meetings. The Plan already provides that meetings of your neighborhood
council must be open to the public. The Brown Act also specifically requires that your
meetings must be open. This means open not only to your neighborhood council
stakeholders, but to any member of the public. Your neighborhood council may not charge
a fee for admittance, nor can you require members to sign in or identify themselves as a
condition of attending a meeting. (For voting or membership identification purposes,
although we recommend against any process that discourages stakeholder participation,
it is appropriate for your group to create a registration form to identify your stakeholders as
members of the neighborhood council, if you choose. However, if a registration form is
posted or circulated at a meeting, it must clearly state that completion of the document is
voluntary and not a precondition for attendance). Use of speaker cards to organize the
order of people who wish to speak, is allowed without violating the prohibition of requiring
people to register to attend a meeting. However, a neighborhood council may not prohibit
a member of the public from speaking if s/he refused to fill out a speaker card. Discussion
and deliberation of agenda items by your council’s board must be done openly -- no secret
ballots or secret deliberations are allowed. Again, the purpose of these requirements is to
allow members of the public to hear and observe the proceedings. Finally, meetings may
not be held in facilities that are inaccessible to disabled persons or in facilities that prohibit
the admittance of any persons on the basis of race, religious creed, color, national origin,
ancestry or sex.

Location of Meetings. The Brown Act provides that regular and special meetings
must be held within the boundaries of the territory over which the legislative body has
jurisdiction. This means that your neighborhood council meetings should be conducted
within the City of Los Angeles and should be held within the boundaries of your
neighborhood council area. However, there are provisions that allow for the occasional
“field trip” outside your boundaries. The Act does allow neighborhood council meetings
to be held by teleconference. A teleconference is a meeting where your council members

3 The Attorney General has opined that “members of a [legislative] body may cast their ballots
either orally or in writing so long as the written ballots are marked and tallied in open session in a way that
identifies the voter and how s/he voted and the ballots are disclosable public records. See, 59 Ops Atty.
Gen 619 (1976).

are not all at the same location and are connected by electronic means, through either
audio or video or both. During a teleconferenced meeting, board members may discuss
and vote on agenda items. However, the Act has strict requirements governing how
teleconferenced meetings may occur:

«*• Agendas must be posted at all teleconferencing locations, all of which must be
listed on the agenda;

Members of the public must be allowed to attend any of the teleconferencing
locations and to address the neighborhood council board directly at any of the locations;

At least a quorum of the neighborhood council board shall participate from
teleconferencing locations within the neighborhood council area;

The neighborhood council must comply with all other provisions of the Brown Act.

Notice and Agenda Requirements.

Regular Meetings. The agenda for a regular meeting of a neighborhood council
that sets forth the time and place of your meeting must be posted at least 72 hours before
the meeting. 4 The agenda must list all items that will be discussed or acted upon by your
neighborhood council. That listing should be described in an informative way so that
members of your council as well as members of the public understand the general nature
of the agenda item and can make an informed decision whether to attend the meeting or
not. The Brown Act provides that this description need not exceed 20 words, but you are
certainly free to use more words if necessary. The goal of the description is to provide a
reasonably clear understanding of what is to be considered by the board at its meeting.
You may include general categories on your neighborhood council agendas, such as
“General Announcements” or “Correspondence” or “Committee Reports.”

However, if a committee of your neighborhood council plans on making a particular
recommendation to the board, that report should be listed specifically with a reference to
the committee’s recommendation. The same would be true if your neighborhood council
is making a recommendation about a particular project or issue that it wants to formally
communicate to the City decision-makers. Those matters should be separately listed on
the agenda with enough information to identify the project, such as the address, type of
project, etc. Board members of the neighborhood council will be limited to acting on (as
well as discussing) only those matters which have been listed on the agenda, with limited
exceptions which are described below.

Special Meetings. The agenda for a special meeting (and the call and notice for
it) must be posted, stating the time and place of the meeting, at least 24 hours prior to the
special meeting and provided to each local newspaper, radio, or television stations that has
requested in writing to be provided with these notices. Only matters that are on the agenda

4 The 72 hours may be calculated to include Saturdays and Sundays but the location you choose
must be accessible during these weekend hours so that the agenda may be viewed.

for that meeting may be discussed at that meeting. Your bylaws should specify whether
your neighborhood council may hold special meetings. The Brown Act provides that
special meetings may be called by the presiding officer of your neighborhood council or by
a majority of the board members by delivering written notice to each board member of the
council.

Emergency Meetings. The Act provides that emergency meetings may be called
under certain specified circumstances defined in the Act without having to comply with
either the 24-hour notice or posting requirements. 5 Neighborhood councils will never have
the need to call an emergency meeting within the definition of the Act and should not
invoke this section.

Exceptions to the Agenda Requirement. The general rule is that a matter may
not be discussed or decided unless it is listed on the agenda. This is very important, but
there are exceptions to this broad rule:

a) Board Member Comments

board members may make very limited comments and briefly respond to
statements made or questions posed by persons exercising their general public comment
rights {no action may be taken on matters brought up during general public comment );
board members may make a brief announcement or a brief report on his or her own
activities; and board members may take action to direct their secretary (or whoever is in
charge of placing items on the agenda) to place a specific matter on the agenda for a
future meeting; Note: It is preferable, if your neighborhood council wants to take board
member comments, to have an item on your agenda called “Board Member Comments”
as part of the agenda, even though the specific discussion under these parameters is not
known in advance of the meeting.

b) Continuances

is- if an item was posted pursuant to the Act for a prior meeting of the neighborhood
council occurring not more than five calendar days prior to the date action is taken on the
item and the prior action had been continued to the meeting at which action is being taken,
your neighborhood council may act on the matter even if it is not on the agenda. Note:
This situation is not likely to occur unless your council plans to hold weekly meetings ;

c) Immediate Action

■s' board members may take action if, by two-thirds votes of the neighborhood
council board, it determines that there is a need to act immediately, that the neighborhood
council’s consideration of the matter cannot await the next meeting of the council and that
the need for immediate action arose after the posting of the agenda. This should only
occur in very rare occasions, and you should consult with the Department of Neighborhood

5 Those circumstances speak of dire emergencies or crippling disaster justifying a legislative body
to take action to protect the health and safety of the community.

Empowerment or the City Attorney’s Neighborhood Council Advice Division before relying
on this exception. (Note: If an item does come up after the posting of the 72-hour agenda,
but before the meeting, you should consider whether you have time to notice a 24-hour
special meeting that could follow your regular meeting and allow discussion only of that
item.)

What Rights Do Members Of The Public Have At Neighborhood Council Meetings?

Except when closed sessions are permitted (see below), all meetings of your
neighborhood council must be held in public. Members of the public, not just the
stakeholders in your particular neighborhood council, are allowed to attend and participate
by speaking about specific items on the agenda. Indeed, before your board takes action
on any particular item on the agenda, members of the public have a right to testify or
otherwise address the neighborhood council board members about each item.

Your agendas should also provide for an item designated “Public Comment”
because the Act allows members of the public to comment on any item within the subject
matter jurisdiction of your neighborhood council that is not specifically listed on the agenda.
It is up to your neighborhood council where you want to put this item on the agenda. Some
agencies put general public comment at the front of the agenda, while some place it at the
end. It does not matter where you put it as long as you provide for that opportunity at every
regular meeting of your neighborhood council. (Special meetings do not require a general
public comment item; however, this does not mean that the public can be prohibited from
speaking on the agendized items for the special meeting.) Your neighborhood council is
allowed to adopt reasonable rules to govern the length of time for public comment on
agenda and non-agenda items.

Members of the public also have a right to criticize the policies or practices of your
neighborhood council during public comment and have a right to videotape and audiotape
the proceedings. The Act does allow your neighborhood council to control disruptions and
ask disruptive members to leave the meeting room. However, this power must be
exercised with caution and the City Attorney should be consulted to discuss how and when
this provision of the Act may be invoked. At no time should you engage in physical
confrontations or force or attempt to physically remove a disruptive person.

Members of the public also have a right to see materials that are distributed to your
neighborhood council at its meetings. The Act provides that materials distributed during
a public meeting be made available for public inspection at the meeting if prepared by the
local agency or member of the legislative body. This means that if your neighborhood
council or, if applicable, staff at the Department of Neighborhood Empowerment, prepare
materials for distribution at your meetings, copies must be made available for the public.
Otherwise, if materials are distributed by other individuals, such as other stakeholders or
members of the public, these must be retained and be made available after the meeting.

Are There Any Circumstances Where A Neighborhood Council Can Hold A Meeting
That Is Closed To The Public?

It is not likely that there will be many circumstances which would allow your
neighborhood council to discuss matters in closed session. The Act provides for very
specific and limited circumstances under which a closed session may be held by a
legislative body. The most likely circumstances, if at all, that would apply to a
neighborhood council would be to discuss personnel matters or pending litigation.

Personnel Matters. The Act could allow your neighborhood council to meet in
closed session to discuss the appointment, employment, evaluation of performance,
discipline or dismissal of a public employee under limited circumstances. 6

Pending Litigation. A neighborhood council may be allowed to meet in closed
session with attorneys from the Office of the City Attorney to discuss pending litigation to
which the neighborhood council is or may be a party under certain specific circumstances:

when litigation has been formally initiated;

fsf there is significant exposure or threat of litigation.

What you cannot do is use a closed session to discuss items because you might be
uncomfortable discussing the item in public or because you want to confer with legal
counsel. As such, the need for a closed session is unlikely to arise for a neighborhood
council. Moreover, because these issues are complicated, before attempting to assert any
of the exceptions under the Act to hold a closed session, your neighborhood council
should consult the City Attorney’s Neighborhood Council Advice Division for advice.

May A Majority Of Neighborhood Council Board Members Attend Other
Neighborhood Council Meetings Or Other Public Meetings Without Having To
Notice That Attendance As A Meeting?

A majority of neighborhood council board members may attend meetings held by
a person or organization as long as the board members do not discuss among themselves
neighborhood council business. Similarly, a majority of a council’s board may attend a
meeting of another public body, including another neighborhood council meeting, City
commission or City Council meeting without having to notice their attendance as a meeting,
again, as long as the board members do not discuss among themselves neighborhood
council business.

However, if a neighborhood council and another body or agency wishes to conduct
a joint meeting, both the neighborhood council board and the other body or agency with
which it wants to meet, will need to notice the meeting as a joint meeting of the two bodies.

6 The term “public employee” in the City of Los Angeles context would mean a City employee.

A majority of council board members may attend meetings of its own committees
without having to comply with the notice requirements for the board, as long as the board
members attend only as observers. For example, if a majority of the board wanted to
attend one of its standing committee’s meetings, it may do so without having to comply with
the Act. However, if any of the board members wish to participate by addressing the
committee members, then the meeting would have to be noticed as both a meeting of the
committee and the neighborhood council itself.

What Can Happen If A Neighborhood Council Board Member Violates The Brown
Act?

Criminal Penalty. Violations of the Act can carry misdemeanor penalties for certain
actions if a member of a neighborhood council board merely attends a meeting where
action is taken in violation of the Act. However, a showing must be made that the member
intended to deprive the public of information to which the member knows (or has reason
to know) the public is entitled.

Civil Remedy. Violations of the Act may also result in a civil lawsuit being filed to
seek judicial (injunctive or writ) relief to prevent or correct violations. Under certain
circumstances, the court can declare a decision made in violation of the Act void. Before
filing a civil action, a complaining party would have to first demand that your neighborhood
council correct the violation. That demand must be made in writing within 90 days after the
alleged violation occurs. In cases involving an alleged violation of the rules governing
agendas, the written demand must be made within 30 days after the occurrence.

Interested In Learning More About The Brown Act?

For more information about the Brown Act, the Attorney General has an excellent
pamphlet that discusses the Act, which can be accessed over the Internet at:
http://caag.state.ca.us, by clicking into “Publications” and then scrolling down to: “Brown
Act, Pamphlet 2003.” With Adobe Acrobat Reader, it can be read on screen or printed.
To request a copy by mail, simply call the Attorney General’s Public Inquiry Unit at: (800)
952-5225.

[Revised 3/2007: 93339]

THE BROWN ACT’S LIMITATIONS ON DISCUSSIONS BY
NEIGHBORHOOD COUNCIL BOARD MEMBERS

Are there limits on the ability of board/committee members to communicate with
one another outside of Neighborhood Council meetings?

Yes. The Brown Act prohibits Neighborhood Council board members and committee
members from engaging in any form of communication among one another outside of a
public meeting that leads to a majority developing a concurrence on an action to be
taken. The Brown Act states “any use of direct communication, personal intermediaries,
or technological devices that is employed by a majority of the members of the legislative
body to develop a concurrence as to action to be taken on ari item by members of the
legislative body is prohibited.” (Gov. Code § 54952.2)

Why does the Brown Act prevent communications outside of public meetings?

The purpose of the Brown Act is to avoid secrecy in government. Neighborhood
Council board members and committee members are representatives of the
stakeholders in their area. The discussions and actions of the Neighborhood Council
must be conducted at publicly noticed meetings. (Gov. Code § 54952.2) Government
Code Section 54950 states:

“In enacting this chapter, the Legislature finds and declares that the public
commissions, boards and councils and the other public agencies in this State
exist to aid in the conduct of the people’s business. It is the intent of the law that
their actions be taken openly and that their deliberations be conducted openly.

The people of this State do not yield their sovereignty to the agencies
which serve them. The people, in delegating authority, do not give their public
servants the right to decide what is good for the people to know and what is not
good for them to know. The people insist on remaining informed so that they
may retain control over the instruments they have created.”

What are examples of communications that trigger a concern under the Brown
Act?

The Brown Act applies broadly to any type of discussion or communication.
Communications may include oral or written discussions, the use of personal
intermediaries, agents, family members or messengers to convey information, or the
use of technological devices, such as e-mail or website conferencing to disseminate
information. Communication includes sharing or distributing information, hearing a
proposal, or communicating information that allows members of the body to gather
information or formulate a point of view on an issue that is within the subject matter
jurisdiction of the legislative body.

What is a “serial communication?”

The Brown Act prohibits serial communications that lead to a concurrence among the
majority of the members of the legislative body. Any type of communication is
prohibited if that communication allows the majority of the members of the body to
engage in a communication that should instead occur at a public meeting. The term
“serial communication” is often used because it describes a communication that, for
practical purposes, results in a meeting of the members although the members are not
present at a publicly posted and conducted Brown Act meeting. The serial
communication may involve a series of communications, each communication involving
less than a quorum of the board, but when taken as a whole, involve a majority of the
board.

A serial communication may arise under a number of circumstances. For example, a
serial communication occurs when one board member contacts all or a majority of the
other board members. A serial communication occurs if one board member contacts
another board member, then that board member contacts another board member, then
that board member contacts another ... etc. A serial communication also occurs if a
board member’s representative, agent, or intermediary directly or indirectly contacts the
other board members, e.g., a spouse, a messenger, or an alternate board member
communicates with the majority of the other board members.

The concern under the Brown Act is not how the discussion was communicated among
the board. Instead, the concern is whether an inappropriate number of persons
received the serial communication and whether the serial communication led to a
concurrence among the majority of the members on an issue that is likely to be
considered by the legislative body.

What does the term “developing a concurrence” mean?

The Brown Act prohibits serial communications that lead to “developing a concurrence.”
Developing a concurrence on an item is broadly construed. It means any discussion or
information that assists you in voting. It means any information that assists or clarifies
your understanding of an issue. It means any information that leads to an agreement or
compromise among the members. It means any discussion or information that
advances the resolution of an item that is on the agenda or within the board’s subject
matter jurisdiction. (California Attorney General, The Brown Act: Open Meetings for
local Legislative Bodies, 2004, p. 11.)

How many board members are allowed to communicate outside of a meeting
before an improper serial communication occurs?

The number will depend on the Neighborhood Council’s bylaws. The least number of
people who could make a decision at a public meeting should not be engaging in
communications outside of the public meeting. For example, if the Neighborhood
Council bylaws state that the board is 21 members, the quorum is 11, and the board
takes action by a majority of those members present at the meeting, then if 6 people

engaged in a discussion that led to a concurrence on an item there would be a Brown
Act violation. This concern also applies to the board’s committees. For example, if the
committees are comprised of 5 members, the quorum is 3 and decisions are made by a
majority vote of the entire committee, then 3 committee members may not engage in a
discussion that leads to a concurrence on an item outside of their committee meeting.

What are some examples of prohibited serial communications?

• E-mails among a majority of the board or committee members that discuss
or argue a member’s opinion or point of view.

• A meeting with the majority of the board or committee members that
discusses or seeks clarification on an issue that will be heard by the board
or committee.

• A majority of members participating in a website conference, internet list
service or chat room where opinions or information are discussed on a
matter that lies within the jurisdiction of the board or the committee.

• Circulation of minutes or other documents for approval by the board
outside of a public meeting.

What are some examples of proper communications?

• The board or committee members may discuss their availability for an
upcoming meeting, e.g., the dates and times of an upcoming meeting.

• Providing information to the other members on an upcoming matter on the
agenda by distributing reading materials, information necessary to prepare
for a meeting, newspaper articles, scientific journals, or magazines.
(However, the Neighborhood Council should adopt a rule that allows the
distribution of information by one board member, e.g., the Board
Secretary, and the information should be distributed by the Board
Secretary along with distributing the agenda for the public meeting.)

• Distributing legal advice to the board/committee from the Office of the City
Attorney.

• Distributing general public announcements. For example, notifying the
other board members of a City Council meeting or a community event.

What should a board member do if it is believed that there are serial
communications occurring among the board?

If a board member becomes aware of improper communications, the board member
should notify the Neighborhood Council President of the improper discussions. The
President should notify the board regarding the prohibition against serial

communications and provide this handout along the warning that the matter being
discussed should be reserved for discussion at a public meeting.

The Department and the Office of the City Attorney have prepared a video regarding the
Brown Act that should be reviewed by each board/committee member. In addition, the
Department offers regional training on the Brown Act to those groups requesting
assistance.

What are the penalties for engaging iri serial communications?

Violations of the Brown Act may result in civil and criminal penalties. There are a
number of civil remedies that a person may pursue if it is believed that there are
impermissible serial communications occurring by board/committee members, including
making a demand to cure upon the Neighborhood Council or filing a complaint with the
Department of Neighborhood Empowerment. A demand to cure might include
requesting that a meeting item be set aside and re-hear that item with a disclosure of
the improper communications. Also, a decision made in violation of the Brown Act is
subject to being set aside as void. The Neighborhood Council may be required to
remedy its improper actions and pay attorney fees and costs from its own fund to a
person who brings a challenge. In addition, individuals may be criminally prosecuted for
misdemeanor violations of the law.

Standing and Ad Hoc Committees of Neighborhood Councils

Under the Brown Act

Standing Committees.

Standing committees of Neighborhood Councils are subject to the Brown Act (also, “Act”).
The Act describes a standing committee as one which has “continuing subject matter
jurisdiction." This means that a permanent committee that is designed to handle an issue
or issues on a continual basis will be a standing committee and is subject to the Act’s
notice and posting requirements. For example, many Neighborhood Councils have
established various committees through their bylaws, such as Land Use and Planning
Committees, Public Safety Committees, Election Committees, etc. 1 These committees,
because of their subject matter, generally are of an ongoing nature and regardless of their
configuration, (whether comprising solely less than a majority of board members, or of a
combination of board members and stakeholders) are subject to the notice and posting
requirements of the Act. 2

Standing committees need not establish a “regular meeting time and place” in any
operating rules but they must meet in public and post notices of their meetings. The Act
presumes that whenever a standing committee holds a meeting that is posted at least 72
hours in advance, that noticed meeting is considered the “regular meeting” of the standing
committee. See Gov’t Code § 54954.

Establishing Standing Committees.

Standing committees, as noted above, are generally established in the operating bylaws
of the Neighborhood Council by simply listing their titles and functions. However, a
Neighborhood Council may also create additional committees by formal board action (/'.e.,
a vote or resolution of the board to establish a committee). In situations where the board
creates a new standing committee that has not been listed in the bylaws, the best practice
is for the Neighborhood Council to amend its bylaws to identify this new standing
committee.

Ad Hoc Committees.

1 Many Neighborhood Councils also have Executive Committees, comprised of the Governing
Body’s officers. The functions depending upon the Neighborhood Council may vary, but generally since
this Committee is set up by the bylaws, it too is a standing committee, subject to the Act.

2 A standing committee can also be created if it has a meeting schedule that is fixed by charter,
ordinance, or resolution, or formal action of a legislative body.

Ad hoc or “temporary” committees are treated differently under the Act. Ad hoc
committees are not subject to the notice and posting requirements of the Act so long as
the committee:

■ is comprised solely of members of the governing body, i.e., the committee
may not contain individuals other than the members of the governing body;

■ consists of less than the number of board members who, if present at a
meeting, would be able to make a decision, (e.g., if a Neighborhood Council
has 21 board members, a quorum of 11 and makes decisions by a majority
of those board members present at a meeting, then as few as 6 board
members would have the ability to make a decision; therefore, the ad hoc
committee should be comprised of less than the majority or, as stated in this
example, less than 6 board members);

■ has a defined purpose and a time frame to accomplish that purpose; and

■ is advisory, i.e., the committee has not been delegated any decision-making
power and will be returning to the full board on its recommendation. See,
Joiner v. City of Sepastopol (1981) 125 Cal App. 3d 799.

Ad hoc committees are commonly used in City government. For example, the President
of a City commission or the commission itself might choose to appoint three or fewer
commissioners (depending upon the size and quorum of the board) to evaluate and report
on a particular issue or subject relevant to that commission. Once that committee has
completed its work, the committee is then disbanded.

Neighborhood Councils may create ad hoc committees in similar fashion by having the
board or the President, depending on the bylaws, appoint less than a majority of the
Neighborhood Council board members to evaluate a particular issue and report its findings,
conclusions or recommendations to the full body. However, should any person other than
an existing Neighborhood Council board member be appointed to the ad hoc committee,
then the committee must operate under the notice and posting requirements of the Brown
Act.

Establishing Ad Hoc Committees.

Members of ad hoc committees designed to be advisory to the Neighborhood Council may
be appointed by the President, on behalf of the entire board, or by action of the entire
board, depending upon the rules under which the Neighborhood Council operates.
Although, as noted above, the ad hoc committee itself is not subject to the Act, if the board
desires to create an ad hoc committee, then the action to create the committee should be
done at a publicly noticed meeting under the Act and the item should be placed on an
agenda for that purpose. 3

3 The appointments to that Committee, if made by the President, may occur either in or outside a
public meeting, depending upon the Neighborhood Council’s rules; however, the better practice is for this

Establishing Committees That Are Not Subject to the Brown Act.

Advisory committees composed of non-Neighborhood Council board members may be
created that are not subject to the Brown Act but only if they are advisory to a single¬
decision maker, rather than to the entire Neighborhood Council board and were not created
by any formal action of the Neighborhood Council. See, 56 Ops. Cal Atty Gen 14 (1973).

Thus, an individual board member could create an advisory committee that reports directly
to him or her. For example, a board member could ask a group of stakeholders (not during
a public meeting to avoid the appearance that the entire board has created the advisory
body by “consent”) to investigate a particular item, report to the appointing board member,
after which the board member could then make a recommendation or initiate discussion
on the item that the committee investigated. As long as it is clear that the advisory
committee is not created by the Neighborhood Council itself, these types of committees
are not subject to the Brown Act. 4

Implementing Projects - Not a Committee.

One point that may need clarification: Groups that are formed to implement a project are
not treated as a standing or ad hoc committee under the Act; thus, gatherings to implement
a project would not be considered a “meeting” subject to the Brown Act. For example, if
a Neighborhood Council approves an action to conduct a tree-planting project along a
street, the gathering of those people at a certain place and time to plant the trees would
not be treated as a “meeting” under the Act. That would be true of other activities such
as, purchasing goods and supplies for the Neighborhood Council or implementing other
projects approved by the board, such as a graffiti abatement projects, etc., or activities
designed to outreach to stakeholders.

[118222:2006]

to be done publicly.

4 Of course, stakeholders may also separately, and on their own initiative, form advisory groups
and report the results, findings or recommendations to the Neighborhood Council board.

2. Conflict of Interest

STATE AND CITY CONFLICT OF INTEREST LAWS:
INFORMATION FOR NEIGHBORHOOD COUNCILS

Conflict of Interest Laws Governing Neighborhood Councils

Board members of Neighborhood Councils who are given governmental decision-making
authority, must be mindful of the following conflict of interest laws: The Political Reform
Act of 1974, as amended (Government Code § 81000, etseq.), Government Code § 1090
et seq, and the common-law conflict of interest rules. Because of the enactment of
Ordinance No. 176477 \ Neighborhood Councils are not required to have a conflict of
interest code, are not required to fill out the state (Form 700) disclosure statement and no
longer are subject to the City’s Governmental Ethics Ordinance (Los Angeles Municipal
Code § 49.5.1 et seq.) However, compliance with state and common law conflict of
interest laws is still required. A brief explanation of these laws follows.

The Political Reform Act.

The Political Reform Act is a state law that sets up rules and regulations to ensure that
governmental officials are free from bias caused by their own financial interests and act in
an impartial matter.

Basic Prohibition. Under the Act, public officials are disqualified from participating in
government decisions in which they have a financial interest. There are four basic tests
to ascertain whether a neighborhood council board member might have a financial interest
under the Act. When all of the following are true, the board member would have a
disqualifying interest:

□ the neighborhood council board member makes, participates in making, or
uses his or her official position to influence the making of a decision;

□ the neighborhood council board member has a statutorily defined economic
interest (his or her own finances or those of members of his or her immediate
family, investment in a business, interest in real property, source

of income or gifts, management position in a business) that may be
affected by the decision;

□ it is reasonably foreseeable that the decision will have a material financial
effect on the neighborhood council board member’s economic interest;

□ the decision will affect the neighborhood council board member’s economic
interest in a way that is distinguishable from its effect on the public generally

1 See, Los Angeles Administrative Code § 2.20.1.

or a significant segment of the public.

A neighborhood council board member who is disqualified must abstain from making,
participating in making or attempting to use his or her official position in any way to
influence the government decision.

Persons Covered. The Act treats “members of local governmental agencies” as public
officials. Public officials who make, participate in the making of, or influence or attempt to
influence a governmental decision must comply with the Act’s provisions. Neighborhood
Councils have been treated as “local governmental agencies” and board members as
“public officials” for the purposes of the Act. 2

Participation In Decision-Making. Neighborhood Councils are advisory bodies. Their
role is to make recommendations to the various City decision-makers, including City
boards, commissions, City Council committees and the City Council. City Charter § 907.
This role falls within the “make, participate in making, or attempting to influence a
government decision” provision of the Act. Since the Neighborhood Councils have been
delegated the authority to make “governmental decisions,” even the board member’s votes
on “non-governmental” or purely advisory recommendations will be subject to the conflict-
of-interest provisions. 3

Economic Interests Covered. What is a financial interest is often complicated and fact-
based, but there are basic types of economic interests that the Act covers:

□ a business entity in which a neighborhood council board member, or his or
her immediate family, owns an investment or in which the neighborhood
council board members is an officer or director or holds a management
position in that business entity;

□ real property in which a neighborhood council board member or his or her,
immediate family, owns an interest;

□ any person or entity that is a source of income or loans to the neighborhood

2 Making recommendations as to whether the City should or should not enter into a contract will
also trigger the Act’s requirements. In this instance, this means making a recommendation about a
specific contract which is coming before the City for action or recommending qualifications/specifications
for a city contract. Merely advising the City as to whether, for example, the City should pave a certain
street or install lighting, which decisions might ultimately result in the City entering into a contract for those
services, would not trigger the Political Reform Act requirements for the neighborhood council providing
this advice.

3 Thus, a board member who makes “governmental decisions” must also be aware of, and
comply with, the disqualification rules even when making a purely advisory recommendation, for example,
to a City Council Committee or Area Planning Commission regarding a conditional use permit for a project
located within the boundaries of that Neighborhood Council.

council board member or spouse;

□ any person or entity that has given the neighborhood council board member
a gift within the last year; or

□ a neighborhood council board members’ personal expenses, income, assets
or liabilities, including those of his or her immediate family.

Business Investments and Business Positions. An investment of $2000 or more in a
business entity by a board member, his or her spouse or dependent children is considered
an economic interest. If a board member is a director, officer, partner, trustee, employee
or holds a position of management in a business entity, that is also considered an
economic interest.

Real Property- An investment of $2000 or more in real property by a board member, his
or her spouse, or his or her dependent children or anyone acting on his or her behalf, is
an economic interest.

Sources of Income and Gifts- The receipt by a board member of income of $500 or more
from an individual or organization within 12 months prior to the decision in question is an
economic interest. Gifts totaling $360 or more received from a single source within 12
months prior to the decision is an economic interest. 4

Personal Financial Effects- Expenses, income, assets or liabilities of board members or
their immediate family are considered an economic interest if those expenses, income,
assets or liabilities are likely to go up or down by $250 as a result of the decision at issue.

Once a board member determines that he or she has an economic interest, the next step
is to determine whether the decision will have a direct or indirect impact upon the board
member’s interest and whether it is reasonably foreseeable that the decision will have a
material effect on the board member’s economic interest.

Direct v. Indirect Interest. Whether a particular impact is material or not also depends
upon whether the economic interest is directly or indirectly affected by the decision. A
direct interest is generally one that is the subject of the decision; an indirect interest is one
that may be impacted because of some connection or relations to the decision. 5 A direct

4 Note: The gift limit is adjusted for inflation every two years. Gov’t Code § 89503(f).

5 For example, if a neighborhood council board member owns a business that is subject to a
permit or approval about which the Neighborhood Council is making a recommendation, that is a direct
impact of that economic interest. If a neighborhood council board member owns a business that is located
more than 500 feet away from a piece of property that is seeking, for example, to obtain conditional use
approval to sell alcoholic beverages about which the Neighborhood Council is making a recommendation,
the decision potentially has an indirect impact on that economic interest, i.e., the business of the board

interest is more likely to create a greater risk of a conflict of interest than an economic
interest that is indirectly involved in the decision.

Foreseeability and Materiality. To have a conflict of interest the effect on the board
member’s economic interest must be foreseeable (in other words, likely to occur) and be
considered "material.” In other words, a conflict of interest results if a board member can
reasonably predict that his or her decision on a particular matter will have some economic
impact (positively or negatively) on his or her economic interest. The Act sets up some
basic thresholds to determine whether an economic interest is material:

Business Investments and Business Positions. As a general rule, if a decision directly
involves a business entity in which the neighborhood council board member has an
interest, the board member must disqualify himself or herself. However, if the only interest
in the company is less than $25,000 in stock, the board member may still be able to
participate in the decision after a detailed examination of the state’s regulations. If the
decision indirectly involves a business entity in which the board member has an interest,
a decision’s impact would be material if, for large companies such as Fortune 500
companies, the impact on the interest would result in an increase or decrease of the
business’ gross revenue of $10,000,000 or more in a fiscal year; or results in the business
entity incurring or avoiding additional expenses or reducing or eliminating existing
expenses for a fiscal year in the amount of $2,500,000; or results in an increase or
decrease in the value of the business entity’s assets or liabilities of $10,000,000 or more.
At the other extreme, for smaller companies the impact is material if the decision would
result in an increase or decrease in revenues of $20,000 or more or increase or reduce
expenses by $5000 or more in a fiscal year, or result in an increase or decrease in the
value of its assets or liabilities by $20,000 or more. 6

Real Property- If the decision affects a board member’s property which is located within
500 feet of the boundaries of the property subject to the decision, disqualification from
acting is generally required unless the decision will have no financial impact on the
property. If the board member’s property is located more than 500 feet, there is a
presumption that the decision will not have a material financial effect. However, that
presumption can be rebutted by proof that there are specific circumstances that would
make it reasonably foreseeable that a financial effect will result from the presumption.
Leasehold interests may also implicate the conflict of interest rules and have to be
evaluated on a case-by-case basis.

Sources of Income- If the decision will have any financial effect upon an individual who is
a source of income for the board member and that source is directly involved in the

member.

6 The Political Reform Act also describes the impacts of other businesses that fall between these
parameters, which are not discussed here.

decision, the effect is determined to be material. The most common source is the
employer of the board member or spouse. If a board member or his or her spouse owns
10% or more of a business, clients of that business may also be sources of income.
However, if the source of income is indirectly involved in the decision, application of the
state’s regulations on the particular facts of this source is required to determine if the board
member has to recuse himself or herself from acting on the matter.

Distinguishable From The Public. Even if a board member’s economic interest is
foreseeable and material, he or she does not have a legal conflict of interest unless the
decision’s impact on his or her economic interest is different from the general public’s
impact. In other words, if a board member is participating in a decision on an issue that
will affect the general public’s financial interests in the same manner as his or her own
interests, even though the decision will have a material economic impact on the board
member’s financial interest, it does not create a conflict of interest. Under this rule, the
decision must affect the board member’s interest in substantially the same manner as the
interests of the public. An example of this would be if the City is embarking upon a plan
amendment and zone change for a community plan area and a board member’s property
is subject to a zone change as is every other property within the community plan area.
Although the board member’s property is directly affected by the zone change, the property
is impacted in substantially the same manner as other members of the public since all are
being rezoned, so there is no conflict of interest requiring recusal. The state has
developed specific percentage and numerical thresholds for determining when a group of
people constitute a significant number to make a determination whether a decision affects
the public in the same manner.

Decisions Related to Contracts - Government Code § 1090, et seq.

In addition to the requirements of the Political Reform Act, state law contains special rules
governing conflicts of interest relating to government contracts. A neighborhood council
board member may not be financially interested in any City contract that he or she is
involved in making. Thus, any participation by a board member in the process by which
a contract is developed, negotiated or approved, including making a recommendation on
the contract, is a violation of Government Code § 1090 if the board member has a
financial interest in that contract. Also, if the board member has a financial interest in
a contract, the entire neighborhood council board might not be able act on the
matter. However, there are some interests called “remote interests” which would disqualify
a board member but not the entire neighborhood council board. Gov’t Code §1090
prohibitions apply to oral as well as written contracts. Financial relationships in a contract
would include, but are not limited to: employee of a contracting party, attorney, agent or
broker of a contracting party, supplier of goods or services to a contracting party; landlord
or tenant to a contracting party; officer, employee or board member of a nonprofit
corporation of a contracting party.

Common Law Conflict of Interest Rules.

Although Los Angeles City Charter § 222, contains its own conflict of interest provisions
based on an “appearance standard,” these standards for disqualification are not applicable
to neighborhood council board members. However, neighborhood councils are free to
develop their own appearance standards and ethics rules in their bylaws.

Furthermore, basic principles of bias and conflict of interest rules that the courts have
developed over time (common law) also apply to the board’s decisions even if the
statutory rules may allow a board member to participate in an action. As the Attorney
General has concluded, “[t]he common law doctrine against conflicts of interest . . .
prohibit public officials from placing themselves in a position where their private, personal
interests may conflict with their official duties.” 64 Ops. Cal. Atty Gen 795. As put by the
court of appeal, “[a] public officer is impliedly bound to exercise the powers conferred on
him with diligence and primarily for the benefit of the public.” Noble v. City of Palo Alto
(1928)89 Cal. App. 47, 51.

This doctrine applies in situations involving both financial and nonfinancial interests. This
means that simply having a personal relation to the matter could be construed as tainting
a board member’s decision-making because he or she is perceived to be biased or making
the decision based on his or her personal interest, rather than for the good of the public. 7

However, having general personal views and opinions about a matter is generally not
sufficient to show bias. Andrews v. Agricultural Labor Relations Board (1981) 28 Cal. 3d
781. The mere appearance of bias is generally not sufficient for disqualification; but a
disqualifying bias may be found if a showing can be made that a public officer has a
specific prejudice against a person affected by a decision or a showing that a public
officer’s decision making ability is so impaired such that s/he cannot render a decision
based on appropriate grounds. Id. at 792. Thus, neighborhood council board members
should always be alert to whether their private interests, whether financial or otherwise,
would be enhanced by any particular action they take on an item before them. Although
not legally required, neighborhood council members should avoid even the appearance of
bias to avoid allegations that might cause the integrity of the neighborhood council and its
members to be questioned.

Penalties.

Violations of the Political Reform Act and Government Code § 1090 can carry significant

7 Even without a financial interest, the public officer must have some personal advantage or
disadvantage at stake. See, e.g., Clark v. City of Hermosa Beach (1996) 48 Cal. App. 4th 1152; 88 Op.
Atty. Gen. Cal 32 (2005).

penalties. 8

Violations of the Political Reform Act can result in civil actions, criminal prosection and/or
administrative sanctions, injunctive relief or in some cases, prohibition against holding
future elective office, depending upon the nature of the violation and the jurisdiction of the
enforcement agency.

Violations of Gov’t Code § 1090 are prosecuted as a felony and a conviction could, in
addition to the imposition of a criminal fines and potential imprisonment, result in a lifetime
ban from holding any public office in the State of California. In addition, contracts that are
entered into in violation of this statute are void as a matter of law.

Finally, any person can file suit in civil court alleging violations of the Act.

Identifying Conflicts and Disqualification.

Because severe penalties may apply to a neighborhood council board member for
violations of the conflict of interest laws it is important that board members identify their
economic interests that may pose potential conflicts. The eight part test set forth earlier
should help board members identify what type of economic interests they have.

If a board member has either an economic interest in a decision that requires
disqualification or is disqualified due to the application of the “common law doctrine” of a
conflict of interest, the board member must disclose the interest which is the subject of the
conflict as well as the fact that he or she is disqualifying himself or herself from any
participation in the decision. The board member also may not do anything to influence the
decision.

If a board member is disqualified from acting on a meeting agenda item and he or she is
present at the meeting, he or she should make a public announcement identifying the
economic interest which is the subject of the conflict and the fact that he or she is
disqualified from any participation. After announcing the recusal from participation, the
board member should excuse himself or herself and leave the room while that item is
pending.

8 Note: The City Attorney’s Office cannot defend or indemnify a board member who is charged,
either civilly or criminally, with a violation of either the Political Reform Act or Gov’t Code § 1090. In
addition, regarding the attorney-client privilege, the privilege applies to confidential communications
between the attorney and the client. Although the City Attorney is the legal advisor to the neighborhood
council board, the City’s client is the municipal corporation, the City of Los Angeles, and not to any
individual board member. While the City Attorney’s Office is willing and able to assist individual
neighborhood council board members with legal advice, the advice given may be disclosed to the
neighborhood council board and to any other City entity.

Summary.

Any time any City business is before a neighborhood council board member that involves:

□ a business in which he or she or a member of his or her family has an
investment;

□ an entity of which he or she is an officer or director or holds some position
of management;

□ real property in which he or she or a member of his or her family has an
interest;

□ a source of income to him or her or a member of his or her immediate
family;

□ a source of gifts to him or her; or

□ any person or entity with which he or she has a relationship other than in his
or her capacity as a City official (e.g, a friend, person with whom he or she
has a business relationship or an organization in which he or she holds
some position of importance),

board members should contact the Department of Neighborhood Empowerment with the
pertinent facts, and the Project Coordinator for the board member’s neighborhood council
will confer with the City’s attorney for advice to assist the board member. 9 The information
will be communicated either directly from the Office of the City Attorney or through the
Department of Neighborhood Empowerment’s Project Coordinator, orally or in writing,
depending upon the complexity of the board member’s inquiry.

You may also seek advice from the Fair Political Practices Commission (FPPC) at their toll
free help line at 1-866-ASK-FPPC, or may ask for a formal written opinion. 10

(113296)

9 The Project Coordinator generally will not provide information relating to allegations of conflict of
interest matters relating to third persons (persons other than those making the inquiry); only the board
member who is concerned about his/her own economic or common law conflict of interest should contact
the Department. The one exception is that any board member can and should inquire about the ability of
its board to enter into a contract that might implicate Gov’t Code § 1090.

10 Formal written opinions take a minimum of 21 days but only written advice from the FPPC
provides immunity from prosecution if acting consistent with that advice.

CONFLICTS OF INTEREST IN PUBLIC CONTRACTING

[GOVERNMENT CODE SECTION 1090, et seq.]

Introduction.

This handout discusses the specific conflict of interest concerns that arise when
a neighborhood council spends its public funds, enters into a contract, or makes a
recommendation regarding a City contract and a board member or committee member
on the neighborhood council has a financial interest in that transaction. While other
situations, e.g., the neighborhood council making advisory recommendations to the City
on specific subjects, may also present conflict of interest concerns, 1 this handout
focuses on situations involving contracting or the expenditure of public funds by
neighborhood councils under Government Code section 1090 (also referred to as
“Section 1090”). In addition, while this handout is prepared for neighborhood councils,
the principles set forth herein apply equally to other boards that are subject to this law. 2

In 2004, the City Attorney issued an opinion stating that Government Code
section 1090, et seq., applies to board and committee members serving on the City’s
certified neighborhood councils. Section 1090 is one of the primary conflict of interest
statutes applicable to public servants involved in the public contracting process and is a
State law that prohibits public officials, including employees, from making a public
contract in their official capacity when those persons also hold a private financial
interest in that same contract. 3

The California Attorney General’s office oversees compliance with this law and
violations of Section 1090 are subject to civil and criminal penalties. Thus, board and
committee members serving on the neighborhood council should become familiar with
this law and seek assistance from the Office of the City Attorney whenever such
questions arise.

Purpose.

The purpose of Section 1090 is to discourage self-dealing and ensure that public
servants do not have divided loyalties. 4 Section 1090 developed from a body of
decisions by the courts in what is referred to as the “common law.” In Thomson v. Call,
the California Supreme Court explained the reasons underlying Section 1090 and stated

1 E.g., the California Political Reform Act, common law, City ordinances and, in the case of
neighborhood councils, their bylaws and board rules may pertain.

2 Government Code section 1090, a California statute, applies equally to, among others, “city council
members”, “commissioners”, “board members”, “officials”, and “employees". Herein, reference is
alternatively made to such persons to illustrate a point or as discussed in case law.

3 Government Code section 1090 also apples to City Council members, commissioners, officials, and
employees.

4 See, Breakzone Billiards et a!, v. City of Torrance (2000) 81 Cal. App. 4 th 1205, 1230 and Clark v. City
of Hermosa Beach (1996) 48 Cal. App. 4 th 1152, 1170-1171 [citing, Noble v. City of Palo Alto (1928)].

that “no man can faithfully serve two masters whose interests are or may be in conflict
...” 5 The State legislature codified this common law into Section 1090.

Generally, neighborhood council representatives are agents of the people and
the constituents they represent. Section 1090 is intended to ensure that “every public
officer be guided solely by the public interest rather than personal interest when dealing
with contracts in an official capacity.” 6 In interpreting the law, the courts caution public
servants that they may not act in their official capacity to influence or participate in
making a public contract when they simultaneously hold a private financial interest in
the same contract. 7 The purpose of the conflict of interest laws and the conduct
expected of public servants is captured by the California Supreme Court, quoting the
U. S. Supreme Court:

“The statute is thus directed not only at dishonor, but also at conduct that
tempts dishonor. The broad proscription embodies recognition of the fact
that an impairment of impartial judgment can occur in even the most well-
meaning people when their personal economic interests are affected by
the business they transact on behalf of the Government. To this extent,
therefore, the statute is more concerned with what might have happened
in a given situation than with what actually happened.” 8

Thus, Section 1090 is also “aimed at... avoiding the appearance of impropriety...” 9

Application of Section 1090.

Specifically, Government Code section 1090 states:

“Members of the Legislature, state, county, district, judicial district, and city
officers or employees shall not be financially interested in any contract
made by them in their official capacity, or by any body or board of which
they are members. Nor shall state, county, district, judicial district, and
city officers or employees be purchasers at any sale or vendors at any
purchase made by them in their official capacity.” (Emphasis added.)

This law means that neighborhood council board members cannot be financially
interested in any contract officially made by that body or board. Under Section 1090,
the first determination that must be made is what type of financial interest exists. The
type of financial interest that exists will determine what permissible activities are allowed
by the person with the financial interest or the neighborhood council board. In general,

5 Thomson, 38 Cal. 3d at 647-648 [citing, San Diego v. S.D. L.A.R.R. Co., (1872) 44 Cal. 106, 113.

6 Id. at 650.

7 Stigall, 58 Cal 2d 565, 569; Finnegan, 91 Cal. App. 4 th 572, 579 and People v. Honig (1996) 48 Cal.
App. 4 th 289, 314.

8 Stigall, 58 Cal 2d 565, 570 citing U.S. v. Mississippi Valley Generating Co (1961) 364 U.S. 520.
(emphasis added)

d Honig, 48 Cal.App.4 th at 314.

if a financial interest exists, the entire board is prohibited from acting on the contract
unless a legal exception applies.

There are several exceptions. There is an exception if the financial interest is a
“remote interest” under Government Code section 1091. A “remote interest” requires
the person with the financial interest to be disqualified from participating in the
transaction but, upon disclosure of the financial interest in the neighborhood council’s
records, allows the neighborhood council board to enter into the transaction. In
addition, there is an exception that exists if the financial interest is deemed a “non¬
interest” under Government Code section 1091.5. A “non-interest” means that the
person with the financial interest may participate in the transaction, as well as the
neighborhood council board, if in certain cases an appropriate disclosure is made.

Section 1090 applies to a variety of public officials and employees representing
government agencies in California. 10 It “also applies to members of [governmental]
advisory bodies if they participate in the making of a contract through their advisory
function.” 11 It applies to board members serving on the City’s certified neighborhood
councils because these boards spend public funds for their operations through contracts
executed by the Department of Neighborhood Empowerment (DONE) for the benefit of
neighborhood councils. 12 Moreover, Section 1090 applies to a variety of public
contracts, including employment contracts, leases, sales of goods, consulting services,
and development agreements. Neighborhood council boards regularly require contracts
for their operations, including supplies, office space, and for neighborhood improvement
projects. These contracts are executed in compliance with City contracting rules on
their behalf. 13 By recommending the approval of a specific contract for services or
neighborhood improvements, neighborhood council board members are part of the
City’s public contracting process.

10 Stigall, 58 Cal. 2d 565; Thomson, 38 Cal. 3d 633; Bailey, 103 Cal. App. 3d 191; [council members];
Honig, 48 Cal. App. 4 th 289 [elected state official]; City Council of the City of San Diego v. McKinley
(1978) 80 Cal. App. 3d 204 [park board member]; People v. Sobel (1974) 40 Cal. App. 3d 1046 [a city
employee]; and 46 Ops.Cal.Atty.Gen. 74, (1965) [contractors/consultants who perform a public function],

11 Conflicts of Interests, California Attorney General’s Office (pamp.) 2004, p. 68; 82 Ops.Cal.Atty.Gen.
126(1999).

12 Certified neighborhood councils are also referred to herein simply as “neighborhood councils” or
“councils”.

13 Under the Neighborhood Council Funding Program, developed by the DONE, neighborhood council
boards vote to approve all expenditures. Currently, under the Neighborhood Council Funding Program,
the DONE prepares the appropriate written agreements for the neighborhood councils to ensure
compliance with City contracting rules. City departments and agencies do not ordinarily prepare written
agreements for purchases valued under $1,000.00. (Los Angeles Administrative Code section 9.5)
Certified neighborhood councils, therefore, purchase goods for their operations through their Stored
Value Cards or from petty cash disbursements unless goods are obtained directly through the City and its
established vendors.

“Making a Contract” Within The Meaning Of Section 1090.

If a person is prohibited from participating in a transaction under Section 1090,
the prohibition applies to the “making of a contract.” Under Section 1090, a contract
having been “made” does not simply refer to the point in time when a neighborhood
council member or an official approves, or signs the contract. 14 It also includes when a
member or an official, in their official capacity, participates during the preliminary stages
of the contracting process. 15 That participation can include preliminary discussions,
solicitation of bids, negotiations, and directly or indirectly influencing the decision to
make a contact. 16 Thus, a neighborhood council board could be prohibited from
entering into a contract if a board or committee member was financially interested in the
matter and engaged in early negotiations or discussions of the contract.

Mere membership on the board has import.

“California courts have consistently held that a public officer cannot
escape liability for a [S]ection 1090 violation merely by abstaining from
voting or participating in discussions or negotiations. [Citation.] Mere
membership on [a] board or council establishes the presumption that the
officer participated in the forbidden transaction or influenced other
members of the council. [Citation.]” 17

Courts have held that,

“[w]here section 1090 applies, it is an absolute bar to a board or
commission entering into the prohibited contract. Even if the interested
board or commission member abstains from any participation in the
matter, [S]ection 1090 applies to prevent fellow board or commission
members from being influenced by their colleague. [Citations.]” 18

Applying this principle to neighborhood councils, a neighborhood council board
member with a financial interest who has influenced the board to enter into a contract,
for example, cannot avoid a Section 1090 violation by resigning from the board just
before it recommends approving the contract, or by not appearing at the meeting where
the contract is approved. 19 Again, “[t]he purpose of the prohibition is to prevent a
situation where a public official would stand to gain or lose something with respect to
the making of a contract over which he could exercise some influence in his official
capacity.” 29

14 Stigall, 58 Cal 2d at 571; McKinley, 80 Cal. App. 3d at 212; Millbrae Assn, for Residential Survival v.
City of Millbrae (1968) 262 Cal. App. 2d 222, 237.

15 Stigall, 58 Cal 2d at 569.

16 Id. at 571; Sobel, 40 Cal. App. 3d at 1052.

17 Thomson, 38 Cal. 3d at 649.

18 Thorpe v. Long Beach Community College District (2000) 83 Cal. App. 4 th 655, 659.

19 Stigall, 58 Cal.2d 565.

20 Id. (quoting, People v. Vallerga (1977) 67 Cal. App. 3d 847, 867-868, fn. 5).

The Meaning Of “Financially Interested.”

Although Section 1090 is directed at an interest in a contract, the statute does
not specifically define the term “financial interest.” Thus, we look at case law to provide
further guidance as to the meaning of the term and to understand how the courts have
upheld the legislative intent of this statute.

In City of Imperial Beach v. Bailey, the court found that a city council member
had a conflict of interest due to her ownership of a concession stand (Concession) on a
municipal pier, which lease was coming up before the city council for renewal. 21 Council
member Bailey had obtained her financial interest in Concession - a bait, tackle and
refreshment stand - under an existing lease with the City of Imperial Beach before she
became a councilmember. Although the lease came up for renewal after she became a
council member, the court found that Section 1090 prohibited Bailey from exercising the
“option” to renew the lease while simultaneously serving as a city council member. The
court stated that:

“it is conceded that Hazel Bailey’s integrity is above reproach and we
sympathize with her position of having to choose between remaining on
the Council or continuing as owner of Concession. However, the purpose
of [S]ection 1090 is not only to strike at actual impropriety, but to strike at
the appearance of impropriety.” 22

The California Attorney General has identified two unique situations where it
found a “financial interest” in a contract: 1) where a public entity board member
requested reimbursement for a conference attended by a board member of the spouse
and, 2) where a public entity entered into a development agreement with a developer.

Courts have generally agreed with, and have applied, the Attorney General’s
analysis when confronted with similar scenarios. For example, the courts have found
that “a member of a board or commission always is financially interested in his or her
spouse’s source of income for purposes of section 1090. This is true even if the
husband and wife have an agreement that their own earnings are to be treated as their
separate property, since each spouse is liable for the necessities of life for the other
[citations omitted].” 23

And, in Thomson v. Call, the California Supreme Court held that Section 1090
was violated where a city council member for the City of Albany sold his land to the city
through a third party corporate developer. 24 The developer, Interstate General
Corporation (IGC), sought a zone change and use permit to allow denser housing
development on property it owned on Albany Hill. As part of IGC’s request, it also
agreed to purchase property that it would convey to the City of Albany for a public park.

21 Bailey, 103 Cal.App.3d 191.

22 Id, at 197.

23 78 Ops.Cal.Atty.Gen. 230 (1995); Honig, 48 Cal. App. 4 th at 319 and Thorpe, 83 Cal. App. 4 th at 659.

24 38 Cal. 3d 633.

Councilman Call had such a parcel to sell on Albany Hill and he sold it to IGC. The
property was thereafter conveyed by IGC to the City for the park to fulfill the conditions
of the zone change approval. Although Call technically sold his property under contract
to IGC, not directly to the City, the Court found that section 1090 had been violated. It
said “[a]s part of the transaction at issue Call sold his property to the City using IGC as
a conduit. Whether we regard his interest as direct or indirect, it is clearly a pecuniary
interest forbidden by section 1090 and by the decisions applying conflict-of-interest
rules generally.” 25

Of significance, the benevolent purpose of the transaction - a public park
carried no weight with the Court in the Thomson case. It found that “if the interest of a
public officer is shown, the contract cannot be sustained by showing that it is fair, just
and equitable as to the public entity.” 26

Courts have also found that it does not matter that the financial interest in the
contract is immaterial or a small amount for section 1090 to apply. For example, in
People v. Honig, an elected State official was prosecuted for using his position to steer
Department of Education contracts to a non-profit organization employing his wife. 27
The court said that to be ‘“financially interested’ in a contract within the meaning of
section 1090 does not require that the prohibited interest have a material effect on the
public official’s source of income. Any interest, except a remote one, which would
prevent the official from exercising absolute loyalty and undivided allegiance to the best
interest of the state is prohibited under the statute [citation.]” 28 The court found that the
fact that the officer’s interest “might be small or indirect is immaterial so long as it is
such as deprives the [state] of his overriding fidelity to it and places him in the
compromising situation where, in the exercise of his official judgment or discretion, he
may be influenced by personal considerations rather than the public good, [citation]” 29
Indeed, the court added, “the prosecution [did] not have to prove fraud, dishonesty, or
loss.” 30

Another example illustrating a financial interest can be found in Fraser-Yamor
Agency, Inc. v. County of Del Norte. 31 There, the County (insured) procured insurance
from an insurance company (insurer) that was brokered through the Fraser-Yamor
Agency, Inc (agency). Fraser, a principal and major shareholder in the agency, also
served as a Del Norte County supervisor, the insured. The court found that Fraser held
a financial interest in the contract between the County and the insurance company and
stated that “[h]is interest in the agency and in any contracts from which it derives a

38 Cal.3d at 646.

26 Id. at p. 649; citing, Capron v. Hitchcock (1893) 98 Cal. 427 and Honig , 48 Cal. App. 4 th 289, 314.

27 48 Cal.App.4 ,h at 305-313.

26 Id, at 328.

29 Id. at 315.

30 Id. at 322.

31 Fraser-Yamor Agency, Inc., v. County of Del Norte (1977) 68 Cal. App. 3d 201.

pecuniary benefit is clearly a financial one because the success of the agency inures to
his personal benefit.” 32

Finally, in People v. Watson, a case involving a City of Los Angeles Harbor
Commissioner, the court found a financial interest based on a debtor-creditor
relationship. 33 This case involved bringing the vessel S.S. Princess Louise from Seattle
to the Port of Los Angeles to serve as an attraction and a restaurant at the port.
Charles Sutton, a local restaurateur, spearheaded the effort and needed to lease space
from the Port of Los Angeles to dock the ship. Sutton also sought a liquor license as
part of the business. City Harbor Commissioner Watson loaned Sutton’s corporation
$10,400 to acquire a liquor license and, at a commission meeting, Watson voted to
approve the Los Angeles port lease to dock the ship. 34 The floating restaurant opened
for business in September of 1966 and, thereafter, Sutton repaid the loan.

In affirming Commissioner Watson’s conviction for violation of sections 1090 and
1097, the court appeal upheld the use of the following jury instruction:

“ ‘financially interested’ means any financial interest which might interfere
with a city officer’s unqualified devotion to his public duty. The interest
may be direct or indirect and includes any monetary or proprietary
benefits, or gain of any sort, or the contingent possibility of monetary or
proprietary benefits.” (Emphasis added/portions omitted) 35

As it considered Watson’s appeal, the court stated that “[w]e must disregard the
technical relationship of the parties and look behind the veil which enshrouds their
activities in order to discern the vital facts [citation]. However devious and winding the
trail may be which connects the officer with the forbidden contract, if it can be followed
and the connection made, a conflict of interest is established.” 36

As we explain below, however, not every “financial interest” constitutes a
prohibited interest that would prohibit a board member or the board from acting on a
contract. That statute identifies exceptions that would allow board or board member
participation based upon the type of interest held.

Exceptions.

Section 1091: Remote Interest. Section 1091 defines the circumstances when
a public board may take action despite the fact that one or more of its members holds a

32 Id. at 215. [The court left unresolved whether Fraser’s financial interest might be deemed a remote
interest under section 1091 ■]

33 People v. Watson (1971) 15 Cal. App. 3d 28.

34 Although Commissioner Watson’s wife was the putative owner of the engineering company that loaned
Sutton the money for the license - he had transferred his interest in the company to her before his
appointment to the Board of Harbor Commissioners - Sutton, nevertheless, delivered a check that was
endorsed by Commissioner Watson.

35 15 CaLApp. 3d at 37.

36 Id. at 37.

financial interest in a contract. These statutorily described circumstances are known as
remote interests. Section 1091(a) states:

“An officer shall not be deemed to be interested in a contract entered into
by a body or board of which the officer is a member ... if the officer has
only a remote interest in the contract and if the fact of the interest is
disclosed to the body or board of which the officer is a member and noted
in its official records, and thereafter the body or board authorizes,
approves, or ratifies the contract in good faith by a vote of its membership
sufficient for the purpose without counting the vote of the officer or board
member with the remote interest.” 37 (Emphasis added)

Thus, even if a board member has what is considered a “remote interest,” the board
may still enter into the contract so long as any member with a financial interest actively
disqualifies him or herself from voting. 38 Section 1091(b) lists 14 types of interests
which are statutorily defined as being “remote.” Examples of remote interests that might
apply to neighborhood councils would include an officer or employee of a non-profit
corporation or a landlord or tenant of a contracting party.

Section 1091(b) also sets forth the way that a council, commission, or board may
vote to approve a contract without the participation of its financially interested member.
Besides abstaining from any participation in the contracting process, the member with
the financial interest must specifically disclose the nature of the conflict and have it
noted in the official records if a vote is contemplated at a public meeting.

Applied to neighborhood councils, this would mean that a neighborhood council
board is permitted, for example, to recommend approval of a contract with a non-profit
corporation when one or more of its board members also serves as “an officer or
employee of [the] nonprofit corporation” since the interest involved here is statutorily
defined as a remote financial interest. 39 The only requirement in this instance is that the
board member with the financial interest abstains from participation.

Section 1091.5: Noninterests. Section 1091.5 defines the circumstances when
a board member’s financial interest is statutorily deemed a “noninterest.” An example of
a noninterest that might apply to neighborhood councils would include: “. . . a recipient
of public services generally provided by the public body or board of which he or she is a
member, on the same terms and conditions as if he or she were not a member of the
board.” 40 If a neighborhood council member is found to hold a noninterest, the board
member (as well as the entire board) may participate in making the contract. 41

37 Government Code section 1091(a). [portion omitted].

38 Conflicts of Interests, California Attorney General’s Office (pamp.) 2004, p. 82.

39 Government Code section 1091 (b)(1).

40 Government Code section 1091.5(a)(3).

41 City of Vernon v. Central Basin Municipal Water District (1999) 69 Cal. App. 4 th 508, 515 (1986); 83
Ops.Cal.Atty.Gen. 246, 247 (2000); 78 Ops.Cal.Atty.Gen. Cal. 362, 369-370 (1995).

Remedies and Penalties.

Violations of the statute can potentially result in civil remedies and/or criminal
penalties.

Civil Remedies: Government Code section 1092. Contracts made in violation
of any of the provisions of Section 1090 are “invalid" or void. 42 Any payment made by
the City on a void contract is recoverable and disbursements and future payments on
the contact are not enforceable. 43

Criminal Penalties: Government Code Section 1097. Violations of the
provisions of Section 1090 are also “punishable by a fine of not more than one thousand
dollars ($1,000), or by imprisonment in the state prison,” and a person can be “forever
barred from holding any office in this state .” 44 (Emphasis added)

Conclusion.

Invariably, it is necessary to evaluate the factual circumstances that pertain when
a conflict of interest question arises. When answering such questions intuition will
rarely suffice. Therefore, neighborhood council board members are encouraged to seek
assistance from the City Attorney’s Office to avoid conflict of interest problems.

42 Government Code section 1092; Millbrae Association for Residential Survival, 262 Cal. App 2d at 236.
Accord, Thompson, 38 Cal. 3d at 646.

43 Government Code section 1095.

44 Government Code section 1097.

CONFLICT OF INTEREST EXAMPLES
Questions

[Government Code Section 1090]

1. John is on the board of the Neighborhood Council. Earlier the Council voted on
putting on a community fair in the neighborhood to further publicize the Council and to
outreach to its stakeholders. At a meeting, the Neighborhood Council discusses
wanting to contract with a vendor for the purchase of t-shirts that the board members
could wear at the event. John says he owns a company that prints t-shirts and that he
would be happy to provide the t-shirts to the Neighborhood Council at cost. May the
Neighborhood Council enter into this agreement?

2. A Neighborhood Council desperately needs office space. However, at the last
meeting the board members voted down a proposal to spend money on office space.

The consensus was that they should attempt to find donated space. Susan is a
property owner of several commercial units and is on the board. She has offered to
donate space in her building to the Neighborhood Council. May the Neighborhood
Council accept the space?

3. A Neighborhood Council wants to purchase booth space for an event being
sponsored by the Chamber of Commerce. They want to put flyers, registration forms
etc. at the booth to advertise the Neighborhood Council. However, Mitchell, a
Neighborhood Council board member, is also on the Chamber of Commerce board.

May the Neighborhood Council enter into an agreement with the Chamber to purchase
booth space?

[Political Reform Act]

4. [Investments/Business Position]: Kylie is a board member on the Neighborhood
Council. Her husband owns $2,000 worth of stocks from Microsoft and owns his own
Software Company. Microsoft is building a computer center in Los Angeles and seeks
the board's support. May Kylie participate in the decision?

5. [Interests in Real Property]: Mike is a board member on the Neighborhood Council.
His spouse is a 50% partner in a Downtown Skyscraper. The property owner next to
the Downtown Skyscraper seeks to develop the property into a mall and seeks the
Neighborhood Council's support. What are Mike's economic interests? Is Mike
disqualified from participating on the proposal to develop property next to the Downtown
Skyscraper?

CONFLICT OF INTEREST EXAMPLES
Answers

Answer to Example 1:

No. John is a supplier of goods and services. The Act considers this a FULL financial
interest and the ENTIRE board is unable to enter into an agreement with John. As a
general rule, a Neighborhood Council may not enter into agreements with their board
members.

Answer to Example 2:

No. Even though the space is being offered for free, because Susan is on the board
and is also a landlord, Government Code 1090 prohibits the board from entering into
this agreement, even though Susan will not personally benefit from the arrangement,
and even if the deal to the public entity is beneficial to it.

Answer to Example 3:

Yes, PROVIDED that Mitchell recuses himself from participation, discloses his interest
and the matter is noted on the Neighborhood Council’s records. Mitchell’s interest in
the Chamber (officer of a nonprofit corporation) is treated as a REMOTE interest.
Mitchell also must not have any discussions with board members about the booth, or
have suggested it to the board - otherwise, the board may not act on the matter.

Answer to Example 4:

This question presents an example where a conflict of interest may arise. The answer
to whether disqualification is required depends on a specific analysis of tbe facts. What
is Kylie’s interest in the stocks? What impact would approval or disapproval of the
computer center have on the stocks? Whether Microsoft is a Fortune 500 company?
The type of stock, the interest in the stock, the value of the stock and the size of the
company holding the stock have varying answers under the Fair Political Practice
Commission regulations.

Answer to Example 5:

Mike is disqualified from voting. Mike has an indirect interest in the downtown
skyscraper due to his wife^ 50% ownership. Since the mall is next door to the
skyscraper, or within 500 feet of the skyscraper, Mike is deemed to have a material
interest that is financially affected by a decision on the mall.

Neighborhood Council Street Repair Program

CONFLICT OF INTEREST GUIDELINES
Office of the City Attorney

The City of Los Angeles is embarking upon a program to allow Neighborhood Councils
to assist the Department of Public Works, Bureau of Street Services, in establishing
street repair priorities in each Neighborhood Council area.

The City will earmark $100,000 for street repairs within the geographic boundaries of
every Neighborhood Council which has an operating Governing Body. It is anticipated
that each Neighborhood Council will vote on the priority guiding which of the eligible
streets within their Neighborhood Council should be repaired and communicate those
recommendations to the Department of Public Works.

Background

Neighborhood Councils are subject to the Political Reform Act and must comply with
the conflict of interest rules under that Act when they make decisions and
recommendations to the City decision makers. In addition to the rules set forth in the
Political Reform Act, courts have developed principles of law (the “common-law”)
regarding conflicts of interest. Those rules generally “prohibit public officials from
placing themselves in a position where their private, personal interests may conflict with
their official duties.” Noble v. City of Palo Alto (1928) 89 Cal. App.47, 51.

In the context of the Street Repair Program, conflict of interest concerns may arise
when Neighborhood Council board members make decisions/recommendations in
selecting and/or prioritizing the streets for repair in the Neighborhood Council area.
Neighborhood Council board members must be aware of those concerns and take
appropriate action when those conflicts arise. Thus, Neighborhood Council board
members who reside on streets that are on the City’s qualification list should be aware
of these rules.

In general, conflict of interest concerns arise if a Neighborhood Council board member
has an economic interest that may be affected by a decision or a personal interest that
affects the ability to evaluate the matter fairly and impartially.

Economic interests may include real property in which you, or a member of your family
owns an interest. Leasehold interests may also be treated as an economic interest.
Economic interests may also include those who have a 10% interest in a business
which owns real property.

Under the Political Reform Act, a decision affects your property which is located within
500 feet of the boundaries of the project subject to the decision. However, the Act
provides that if the decision solely concerns “repairs, replacement, or maintenance of
existing streets” the interest is presumed to be an “indirect interest" which does not

result in automatic disqualification to act on the matter. Regulation 18704.2 (6) (b) (2).
Applying this provision to the Neighborhood Council Street Repair Program, if a board
member resides within 500 feet of a street or even upon a street being considered for
repair, the board member would not be required to disqualify him or herself from acting
on the matter under the Political Reform Act

However, as noted above, the courts have developed principles of law to prevent public
officials from acting on matters in which an individual has a personal or economic
interest 1 from which it can be construed that the person has a bias or a sufficient
interest in the matter such that those private interests conflict with their official duties.

In the words of one court, where the factual circumstances “can conceivably raise a
substantial question of fairness and bias, prejudice or influence... obvious enough to
have an effect on public confidence in such process" disqualification should occur.
Kimura v. Roberts (1979) 89 Cal. App. 3d 871, 875.

In the context of the Street Repair Program, Neighborhood Council decisions in
establishing priorities for street repairs should be made based upon objective standards
of need and what will benefit the good of the community, as contrasted with a personal
desire for the street upon which a board member resides to be repaired. Thus, applying
the common law principles of conflicts of interest, it is our view that public confidence in
the process of deciding which residential streets should be repaired may be eroded
should Neighborhood Council board members who reside upon a residential street
being considered for street repairs participate in the decision-making process. 2

Guidelines

Applying the rules under the common law conflict of interest principles, the City Attorney
offers the following guidelines for Neighborhood Councils when making decisions about
prioritizing their streets for improvements:

1. Board members who reside upon any street that qualifies for street repairs within its
own Neighborhood Council area as listed by the Department of Public Works are
disqualified from participating in any decision-making with respect to prioritizing those
streets for repair.

2. In the case where paragraph 1 applies, at a public meeting at which the decisions
are being made, the affected board member(s) must publicly announce the nature of

1 Even though an interest may not be considered an economic interest under the Political Reform
Act which would require recusal, the same economic interest may require recusal under the common law
principles of conflict of interests.

2 Even if board members disqualify themselves from voting on whether to repair his or her street,
board members could collectively decide to vote against any street upon which a board member does not
reside, effecting by default, a decision to repair those streets upon which all the board members reside.
For this reason, we conclude that board members who reside on a street which is on the list for
consideration should not participate at all in the decisions to prioritize the streets for repairs.

the conflict (that he/she resides on a street that qualifies for repair), announce that
he/she is unable to participate in the matter and excuse him/herself from the room while
the board is discussing the item.

3. If a board member knows in advance that he/she will likely be disqualified from
participating in the matter, he/she should immediately contact the President of his/her
Neighborhood Council but no later than 48 hours prior to the meeting at which the
decision will take place. This will allow the President to assess whether there is an
adequate number of board members present (a quorum) who are able to take action on
the item.

4. If due to the conflict of interests of several board members, there will likely not be an
adequate number of board members available to act, the President should immediately
contact the City Attorney’s Office, Neighborhood Council Advice Division for
consultation and advice.

Please contact the City Attorney’s Office, Neighborhood Council Advice Division
at (213) 978-8132 if you have any questions regarding these Guidelines.

3. The Public Records Act

THE PUBLIC RECORDS ACT AND NEIGHBORHOOD COUNCILS

What is the purpose of the Public Records Act?

The Public Records Act (the "Act") is a California State Law and is codified in
Government Code Section 6250 et seq. The Act was initially adopted over 50 years ago
and its purpose was to make the government's operations open to greater public scrutiny
by increasing the public's access to its records. Courts interpreting the Act’s provisions
emphasize that the Act’s primary purpose is for the public to be able to monitor an
agency’s functions. Under the Act, a member of the public is allowed to make a request
and obtain information that is a public record from a government agency.

Although there is information that is protected from disclosure, most information in
the government's possession is a public record that is subject to inspection. "[Ajccess to
information concerning the people's business is a fundamental and necessary right of
every person in this state." (Gov't Code § 6253.)

Are Neighborhood Councils subject to the Public Records Act?

Yes. The Act applies to "local agencies." The Act defines a local agency to include
any subdivision or agency of a chartered city. (Gov't Code § 6252(b).) Neighborhood
Councils fall within that definition because they are a City-entity, created as an advisory
body of the City, and established under the Los Angeles City Charter. 1

What are public records?

Most information in the possession of the Neighborhood Council will be a public
record. 2 Public records include "... any writing containing information relating to the
conduct of the public's business prepared, owned, used or retained by the [Neighborhood
Councils] regardless of its physical form or characteristics." (Gov't Code § 6252(e).)

“'Writing' means handwriting, typewriting, printing, photostating, photography, and
every other means of recording upon any form of communication or representation,
including letters, words, pictures, sounds, or symbols or any combination thereof, and all

1 The Los Angeles City Charter was adopted and approved by the voters during the June 1999

election.

2 The Act allows access to existing records. It does not create any obligation to create records in
order to respond to a request.

papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or
punched cards, discs, drums and other documents.” (Gov't Code § 6252(f).) These
definitions in the Act create a broad net that encompasses most information that will be
retained by the Neighborhood Councils.

What must the Neighborhood Council do if it receives a request under the Act?

A request for public records may be made either orally or in writing. Los Angeles
Times v. Alameda Corridor Transp. Auth. 88 Cal. App. 4th 1381, 1382 (2001). After
receiving a request, it is critical that the Neighborhood Council immediately contact its
Department of Neighborhood Empowerment Project Coordinator. There are
fast-approaching deadlines that require immediate action by the Neighborhood Council.
The Project Coordinator will work in conjunction with the Office of the City Attorney,
Neighborhood Council Advice Division, to insure that the Neighborhood Council meets its
obligations under the Act.

Under the Act, the Neighborhood Council must respond to a request within 10 days.
The Neighborhood Council's response must state whether the requested records will or will
not be provided. 3 If the Neighborhood Council states that it is not providing all or any part
of the records in its possession, then the Neighborhood Council must state the legal basis
for non-disclosure of the record. Your Project Coordinator, again with assistance From the
City Attorney’s Office, will help you with composing this letter so that the proper legal
objections are raised. o

In addition to providing a response to the request, the Neighborhood Council also
must provide access to the non-objectionable information that was requested. 4 Providing
the information to the person making the request may occur under any number of
circumstances. The Neighborhood Council may decide how to best provide access to the
records e.g., by mailing copies to the person making the request or by allowing that person
to inspect the records at the site where the records are maintained. If copies will be made
the Act allows you to charge for the statutory costs of duplication. Currently, under the Los
Angeles Administrative Code, the City charges $1.00 for the first page, and $.10 for every
page thereafter. The Neighborhood Council's obligation under the Act is to make the
non-objectionable information available to the person making the request as reasonably
prompt as possible.

3 In unusual circumstances and with proper notification, this 10-day deadline may be extended an
additional 14-days.

4 The costs of duplication are passed on to the person making the request for records.

What are examples of information that is protected from disclosure under the Act?

The Act does prevent some information from disclosure. In order to protect
information from disclosure, the Neighborhood Council must state the specific statutory
basis under the Act for asserting its objection to releasing the information. There may be
any number of records that may be protected from disclosure. In working with your Project
Coordinator through the City Attorney's Office, an analysis will be made evaluating the
request for the public record, the records in the Neighborhood Council's possession, and
the appropriate response that should be provided by the Neighborhood Council.

Although the following list is by no means exhaustive, it provides some examples
of the types of public records that are protected from disclosure:

■ Preliminary drafts, notes*.or inter-agency or intra-agency memoranda which
are not retained in the ordinary course of business, provided that the public
interest in withholding such records clearly outweighs the public interest in
disclosure;

■ Records pertaining to pending litigation

■ Records of which the disclosure is exempt or prohibited pursuant to
provisions of federal or state law, including, but not limited to, provisions of
the Evidence Code relating to privilege.

In addition, the Neighborhood Councils may assert an objection under Government
Code Section 6255 on the grounds that the public interest served by not making the record
public clearly outweighs the public interest served by disclosure. Although it is difficult to
anticipate the requests that might be made or the records that might be in the possession
of the Neighborhood Council, it will be through your Project Coordinator that the
Neighborhood Council will assure that its rights are protected.

What can happen if a Neighborhood Council refuses to comply?

A requestor can sue a Neighborhood Council and seek a court order that requires
a Neighborhood Council to provide the requested records. If the requestor is successful,
the court may require the City to pay the opposing side’s costs and attorney’s fees. The
City may require that this payment be made from a Neighborhood Council’s annual budget.

(# 95936 )

California Public Records Act

Govt. Code §§ 6250 - 6276.48

THE BASICS

The Public Records Act is designed to give the
public access to information in possession of
public agencies: "public records are open to
inspection at all times during the office hours of
the.. .agency and every person has a right to
inspect any public record, except as ... pro¬
vided, [and to receive] an exact copy” of an
identifiable record unless impracticable. (§
6253).. Specific exceptions to disclosure are
listed in sections 6253.2, 6253.5, 6253.6, 6254,
6254.1-6254.22, 6255, 6267, 6268, 6276.02-
6276.48; to ensure maximum access, they are
read narrowly. The agency always bears the
burden of justifying nondisclosure, and "any
reasonably segregable portion ... shall be
available for inspection...after deletion of the
portions which are exempt." (§ 6253(a))

WHO’S COVERED

• All state and local agencies, including: (1)
any officer, bureau, or department.; (2) any
"board, commission or agency" created by
the agency (including advisory boards); and
(3) nonprofit entities that are legislative bod¬
ies of a local agency. (§ 6252(a),(b)). Many
state and regional agencies are required to
have written public record policies. A list ap¬
pears in § 6253.4,

WHO’S NOT COVERED

• Courts (except itemized statements of total
expenditures and disbursement),(§§
6252(a), 6261)

• The Legislature. (§ 6252) See Legislative Open
Records Act, Govt. Code §§ 9070-9080.

• Private non-profit corporations and entities.

• Federal agencies. See Federal Freedom
Of Information'Act, 5 U.S.C.§ 552,

WHAT’S COVERED”

• "Records" include all communications related to.
public business "regardless of physical form or
characteristics, including any writing, picture,
sound, or symbol, whether paper,..., magnetic or
other media." (§ 6252(e)) Electronic records are
included, but software may be exempt. (§§
6253.9(a),(g), 6254.9 (a),(d))

WHAT MUST HAPPEN

• Access is immediate and allowed at all times
during business hours, (§ 6253(a)) Staff need
not disrupt operations to allow immediate ac¬
cess, but a decision whether to grant access
must be prompt. An agency may not adopt rules
that limit the hours records are open for viewing
and inspection. (§§ 6253(d); 6253.4(b))

• The agency must provide assistance by help¬
ing to identify records and information relevant to
the request and suggesting ways to overcome
any practical basis for denying access. (§

6253.1)

• An agency has 10 days to decide if copies
will be provided. In "unusual" cases (request is
"voluminous," seeks records held off-site, OR
requires consultation with other agencies), the
agency may, upon written notice to the. request¬
ers, give itself an additional 14 days to respond.
(§ 6253(c)) These time periods may not be used
solely to delay access to the records. (§ 6253(d))

• The agency may never make records avail¬
able only in electronic form. (§ 6253.9(e))

• Access is always free. Fees for “inspection” or
“processing" are prohibited. (§ 6253)

• Copy costs are limited to "statutory fees" set
by the Legislature (not by local ordinance) or the
"direct cost of duplication”, usually 10 to 25 cents
per page. Charges for search, review or dele¬
tion are not allowed. (§ 6253(b); North County
Parents v. D.O.E., 23 Cal.App.4th 144 (1994)) If
a request for electronic records either (1) is for a
record normally issued only periodically, or (2)
requires data cdmpilation, extraction, or pro¬
gramming, copying costs may include the cost of
the programming. (§ 6253.9(a),(b))

• The agency must justify the withholding of
any record by demonstrating that the record is
exempt or that the public interest in confidential¬
ity outweighs the public interest in disclosure. (§
6255)

REQUESTING PUBLIC RECORDS

• Plan your request: know what exemptions
may apply.

• Ask informally before invoking the law. If
necessary, use this guide to state your rights
under the Act,

• Don't ask the agency to create a record or
list.

• A written request is not required, but may
help if your request is complex, or you antici¬
pate trouble.

• Put date limits on any search.

• If the agency claims the records don't exist,
ask what files were searched; offer any
search clues you can.

• Limit pre-authorized costs (or ask for a cost
waiver), and pay only copying charges.

• Demand a written response,within 10 days.

WHAT’S N _ JOVERED

• Employees' private papers, unless they "re¬
late] to the conduct of the public’s business
[and are] prepared, owned, used, or retained
by the agency." (§ 6252(e))

• Computer software "developed by a state or
local agency ... including] computer mapping
systems, computer programs, and computer
graphic systems.” (§§ 6254.9(a),(b))

• Records not yet in existence: The PRA cov¬
ers only records that already exist, and an
agency cannot be required to create a record,
list, or compilation. "Rolling requests" for fu¬
ture-generated records are not permitted.

RECORDS EXEMPT FROM DISCLOSURE
The Act exempts certain records from disclosure
in whole or in part. This does not mean they are
not public records or that disclosure is prohibited.
An agency may withhold the records, but can
allow greater access if it wishes, (§ 6253(e)).
However, "selective" or "favored" access is pro¬
hibited; once it is disclosed to one requester, the
record is public for all. (§ 6254,5) Many catego¬
ries of records are exempt, some by the Act itself,
(§§ 6254(a)-(z)) and some by other laws (§§
6275-6276.48), These include:

• Attorney-Client discussions are confiden¬
tial, even if the agency is the client, but the
agency (not the lawyer) may waive secrecy.
(§§ 6254(k), 6254.25, 6276.04)

• Appointment calendars and applications,
phone records, and other records which im¬
pair the deliberative process by reVealing
the thought process of government decision¬
makers may be withheld only if "the public in¬
terest served by not making the record[s]
public clearly outweighs the public interest
served by disclosure of the record[s]." (§
6255; Times Mirror v. Superior Ct., 53 Cal.3d
1325 (1991); CFAC v. Superior Ct., 67
Cal.App.4th 159 (1998); Rogers v, Superior
Ct., 19 Cal.App.4th 469 (1993)) If the interest
in secrecy does not clearly outweigh the in¬
terest in disclosure, the records must be dis¬
closed, "whatever the incidental impact on
the deliberative process," (Times Mirror v.
Superior Ct.) The agency must explain, not
merely state, why the public interest does not
favor disclosure.

• Preliminary drafts, and memos may be

withheld only if: (1) they are "not retained...in the
ordinary course of business" and (2) "the public
interest in withholding clearly outweighs the pub¬
lic interest in disclosure.” Drafts are not ex¬
empted if: (1) staff normally keep copies; or (2)
the report or document is final even if a decision
is not. (§ 6254(a)) Where a draft contains both
facts and recommendations, only the latter may
be withheld. The facts must be disclosed. (CBE
v. CDFA., 171 Cal.App.3d 704 (1985))

• Home Addresses in DMV, voter registration,
gun license, public housing, local agency utility
and public employee records are exempt, as are
addresses of certain crime victims. (§§

6254(f),(u), 6254.1,6254.3, 6254.4, 6254.16,
6254,21)

• Records concerning agency litigation are

exempt, but only until the claim is resolved or
settled. The complaint, claim, or records filed in
court, records that pre-date the suit (e.g., reports
about projects that eventually end in litigation),
and settlement records are public. (§§ 6254(b),
6254.25; Register Dlv. of Freedom Newspapers,
Inc. v. County of Orange, 158 Cal. App. 3d 893
(1984))

• Personnel, medical and similar files are ex¬
empt only if disclosure would reveal intimate, pri¬
vate details. (§ 6254(c)) Employment contracts
are not exempt. (§ 6254.8)

• Police Incident reports, rap sheets and arrest
records are exempt (Penal Code §§ 11075,
11105, 11105.1), but information in the "police
blotter" (time and circumstances of calls to po¬
lice; name and details of arrests, warrants,
charges, hearing dates, etc.) must be disclosed
unless disclosure would endanger an investiga¬
tion or the life of an investigator. Investigative
files may be withheld, even after an investigation
is over. (Gov. Code § 6254(f); Williams v. Supe¬
rior Ct., 5 Cal. 4th 337 (1993); County of L.A. v,
Superior Ct., 18 Cal. App. 4th 588 (1994). Identi¬
fying data in police personnel files and miscon¬
duct complaints are exempt, but disclosure may
be obtained using special procedures under Evi¬
dence Code section 1043.

• Financial data submitted for licenses, certifi¬
cates, or permits, or given in confidence to agen¬
cies that oversee insurance, securities, or bank¬
ing firms; tax, welfare, and family/adoption/
birth records are all exempt. (§§ 6254(d),(k),(l),
6276)

A SERVICE OF:

THE FIRST AMENDMENT PROJECT
SOCIETY OF PROFESSIONAL
JOURNALISTS (Nor, Cal.)

FOR MORE INFORMATION OR HELP:

FIRST AMENDMENT PROJECT.510/208-7744

www.theflrstamendment.org

Society of Professional Journalists,

NORTHERN CALIFORNIA CHAPTER.,.415/338-7434

www.spj.org/norcal

California First Amendment Coalition.916/974-8888

www.cfac.org

Funding provided by the Sigma Delta Chi Foundation
of the Society of Professional Journalists

QUICK GUIDE to the
CALIFORNIA PUBLIC RECORDS ACT

Under the California Constitution and the California Public Records Act (CPRA), most
government records are open to the public. All Los Angeles City offices, departments,
agencies, commissions, and neighborhood councils must follow the CPRA. _

• photographs

• diagrams

• video and audiotapes

• maps

What is the CPRA?

The California Public Records Act
(CPRA) is the law that governs access
to public records. The purpose of the
CPRA is to permit the public to
understand how government conducts
the people’s business.

Does the law apply to LA City
government?

Yes. The CPRA covers all California
state and local government agencies. All
City departments, offices, agencies,
commissions and neighborhood
councils must make their records
available to the public.

Who can make a request?

Any member of the public can make a
CPRA request for public records.
Members of the public include:

• individuals

• businesses and

• organizations

What is a public record?

A public record is any writing or
communication created or held by a
public official that can be reproduced.

Public records include:

• handwritten notes

• typed documents

• e-mails

• computer files

• faxes

Does the request have to be in
writing?

No. The request can be written or
verbal. The member of the public does
not have to put their request in writing.

What is the deadline for
responding to a CPRA request?

You must respond to the request in 10
calendar days. You must release the
requested records unless they are
exempt (see below).

Even if part or all of the record is
protected by an exemption, you still
must respond to the requestor and
explain why the record is exempt.

In unusual circumstances, you can ask
the requestor for an additional 14
calendar days to respond.

What if my agency does not
have the record?

If your agency does not have the record,
you do not have to go to other agencies
to find it. However, you must reply to
the requestor and explain that they
should contact another City department
or agency.

Do I have to assist a requestor?

Yes. You must help requestors identify
records and information your agency
has which are relevant to the request.
You must also suggest ways to
overcome any practical basis for
denying the request.

Are any records protected?

Yes. Some specific types of records are
exempt and do not have to be released.

Types of exempt records include:

• attorney-client communications

• personnel, medical or similar
information, which if released would
be an unwarranted invasion of
privacy

• law enforcement investigations

You can only withhold the exempt
information. If the request also asks for
other information that is not protected,
you must release it. If the exempt
information is only part of the document,
you have to redact (delete or black out)
the protected information and release
the rest of the document.

What fees apply to CPRA
requests?

You cannot charge a research fee or
charge to inspect documents.

However, you can charge for copies. If
you use a City-owned copy machine,
the cost is $1 per request and $.10 per
page for documents for up to 8.5 x 14.
For larger documents or electronic
records, the cost is the actual cost of
producing a copy.

If you use an outside vendor, the cost is
the actual cost that the vendor charged.

What happens if I don’t respond
to a request or wrongfully
withhold a record?

Requestors can sue a public agency to
gain access to public records. If the
requestor is successful, the City will
probably have to pay their attorneys
fees and costs.

Do I have to create new
documents to respond to a
CPRA request?

No. 'The CPRA applies to existing public
records and does not require that you
assemble new reports or lists to satisfy
the requestor's research purposes.

Can records be selectively
disclosed?

No. In most instances, if an agency
makes a record available to one
member of the public, then they must
make it available to any member of the
public who would like to see it.

Need Help?

If you have questions about a CPRA
request, contact your neighborhood
council’s advocate at DONE. The City
Attorney’s Office provides legal advice
and can help determine if a particular
record is exempt.

Neighborhood Council Advice Division
Office of the City Attorney
200 North Main St., 7 th Floor
Los Angeles, CA 90012
213-978-8132 phone
213-978-8222 fax

4. How to Conduct a Public

Meeting

HOW TO CONDUCT A PUBLIC MEETING

As a neighborhood council which operates in a representative capacity and is
subject to the open meeting laws of the state of California (The “Brown Act”) it is important
to conduct your meetings efficiently and in a manner that is fair and inclusive and leaves
one with the impression that everyone was treated fairly and objectively. Since the bulk
of your Neighborhood Council work is accomplished at regular, and sometimes, special
meetings of your entire board, or committees, it is important to know how to effectively
conduct a public meeting.

Professionalism. It is important that members of the public, your stakeholders and fellow
board members respect the process. For them to do that, your meetings should be
conducted in a professional manner to demonstrate that the board members are taking
their roles as Neighborhood Council leaders seriously. Your Neighborhood Council
President is the leader chosen to guide your Neighborhood Council and the tone of your
Neighborhood Council will be delivered from the leadership of the person you elect or
select as President. Your President, however, has no greater authority than granted by the
board and your board rules and every board member has an equal vote on matters that
come before them. If your President is new to conducting meetings, he or she should take
advantage of the training programs that the Department of Neighborhood Empowerment
(“DONE”) offers through its Empowerment Academy throughout the year. Professional
courtesy to one another and to members of the public and stakeholders is a must. The
President or Chair must ensure that such courtesies during public meetings take place.
While it is appropriate for your members to disagree and indeed, heartily debate issues,
those debates should not devolve into a shouting match or worse, as the productiveness
of your meetings will soon deteriorate.

At every Neighborhood Council meeting, individual board members should be
prepared for the meeting, and the President should provide an opportunity for each board
member to weigh in on the issue at hand. Members of the public and your stakeholders
should be able to understand what is going on at the meeting and the decision making
process. Having an agenda that clearly describes the items that will be discussed, one of
the requirements of the Brown Act, will assist in guaranteeing that people understand what
will be discussed at the meeting. While not required, if your Neighborhood Council has
developed specific rules about how meetings are to be conducted, those should be
explained in the beginning of the meeting after it has been called to order by the Chair or
President. Those “ground rules” might include an explanation of the order of agenda
items, if there are any speaker time limits, how time limits will operate, and in the case of
a presentation of a matter, the order of the presenters, etc. This should be done at the
beginning of every meeting to ensure that people know and understand these ground rules
and as a reminder to others.

Routine items, such as the approval of Minutes may be handled by a “consent”
motion (no formal vote need be taken) unless there are corrections to be made to the
minutes.

Knowledge. It is important that all of your board members understand the rules under
which your Neighborhood Council operates. Thus, all board members should be familiar
with and have their own personal copies of your Neighborhood Council’s bylaws and any
other standing or procedural rules. 1 A basic understanding of parliamentary rules is also
helpful in conducting your meetings, but keep in mind that not all parliamentary rules of
procedure will necessarily apply to your Neighborhood Council, because as a City entity,
meetings are conducted differently than those in general assemblies. 2 DONE has
informational pamphlets about parliamentary procedures that can assist your board
members. Your public meeting will be governed by the Brown Act. Gov’t Code § 54950
et seq. All NC board members should review the materials that DONE and the City
Attorney have provided, should attend the training classes offered and have a working
knowledge of the Act to avoid inadvertent violations of the law. Your board should have
a mechanism to educate new board members to their NC positions and ensure that they
have been provided training materials.

Conflicts of Interest. Be alert to potential conflicts of interests on upcoming agendas that
might affect your ability to participate in the discussion and action of a particular item. Not
being able to vote on an item also may affect the quorum necessary for the board to act
on the item. Should you be required to recuse (not participate or vote on an item) yourself
from an item because of a conflict, you should notify your Board President or Secretary as
soon as possible. At the meeting, if there is an item that you may not participate in due to
a conflict of interest, you must make a brief public announcement identifying either the
economic interest or the personal interest under the common law rules that require your
recusal, and leave the room while the matter is pending. You may return to the meeting
and fully participate in the meeting after the item has been dispensed with.

Preparation. Be familiar with the issues that are coming up at your meeting so you can
make an informed decision and avoid “voting with the pack.” Your meetings will run more
smoothly and your Neighborhood Council will be considered an effective advocate for your
community by both the public and the City decisionmakers that you are advising, if your

1 If your Neighborhood Council has not yet adopted procedural rules of order, you may wish to
consider doing so as these rules can help guide your board as you conduct your public meetings. Rules
of Order generally set forth information, including but not limited to, election of officers, meeting days and
time, who presides over the meeting in absence of the President, the usual order of business that will take
place at meetings, how special meetings are called, how committees are created, how votes are taken,
whether NC board members may “abstain” from voting, how public comment is taken, etc.

2 For example, while Robert’s Rules of Order would allow a member of an assembly to make a
motion from the floor, Neighborhood Councils are governed by a board which takes action on items, and
thus make the motions that move an item forward.

board members understand the issues at hand and are able to engage and debate the
issues at the meetings. If materials are disseminated before your meetings, it is essential
that all Board members review them before the meeting so that you are ready to engage
in discussion on the item.

Meeting Space and Setup. Be familiar with your meeting space needs so that you can
comfortably accommodate all members of the public who wish to attend your meetings.
If you need special equipment (video, audio, speakers, translation devices) make sure you
contact DONE staff early enough so that they can accommodate your request. Make sure
your meeting space complies with the Americans With Disabilities Act and is accessible
to the disabled. If in doubt, contact the DONE who can seek assistance from the City’s
Department of Disability. For safety purposes, know where the emergency exits are at
your meeting facilties and inform your local law enforcement agency of your meeting
locations. If need be, if you anticipate problems at any particular meetings, you should
request a member of the Los Angeles Police Department to be present, which may deter
unruly conduct.

Regular and Special Meetings. Under the Brown Act, you can have regular or special
meetings. Special meetings may be called and the agenda must be posted within 24
hours. Notice of the special meeting must be delivered to each NC board member and the
notice must contain the description of the topics that will be discussed and acted upon at
the meeting. Special meetings should be called for a specific purpose, and no other
business other than that for which the special meeting was called, may be acted upon. 3
The Standard Meeting Procedures discussed below may apply to either a special or
regular meeting.

Standard Meeting Procedures. Under the Plan and Ordinance governing the Citywide
system of Neighborhood Councils, the governing body (the “NC Board”) makes its
decisions at regular and special meetings of the Neighborhood Council. Thus, the public
perception of the effectiveness of your Neighborhood Council is based, in large part, on
the Neighborhood Council’s conduct at meetings. At a minimum, it is important to treat
everyone fairly and objectively and each meeting should be run for the benefit of the
person who has never before attended one of your meetings. The following is a standard
meeting format, followed by many city commissions:

3 Special meetings are generally those meetings “held at a time different from that of any regular
meeting, and convened only to consider one or more items of business specified in the call of the
meeting.” See, Robert's Rules of Order, 10th Ed. § 9, p. 89; See also, Gov’t Code 54956.

Opening the Meeting.

1. The President calls the meeting to order. 4

2. The NC Secretary will call the role and identify whether there is a quorum
present

3. The President or Secretary reviews the Board’s procedures at the beginning
of each meeting (This may include use of speaker cards, time limits for public
comment, how public comment will be taken, etc.)

4. The President announces any changes to the agenda (whether items will be
taken out of order/continued etc.)

Conducting the Meeting.

1 . Follow the Agenda. Under the Brown Act, the NC board can only “discuss,
deliberate or take action ”ori items that are listed on the agenda. Your President should
ensure that discussion on each item by your Board does not stray too far afield from the
topic that is listed on the agenda. The President should announce and describe each item
that is being discussed and acted upon. For each item, the President should invite
questions from the Board, open the item for public comment, close the public comment
period, and then open the item for discussion by the board. All board members should be
given the opportunity to weigh in on the issue. The President should govern the flow of
discussion and invite the board members to comment.

2. Public Hearings. On occasion, your NC board may wish to hold a public
hearing on a particular development project, or other matter in which there are proponents
and opponents who wish to present their position on the matter for your NC board’s
consideration and/or formal recommendation to the City’s decision makers. These may
include hearings that may in the future be delegated to you by the City Council pursuant
to City Charter § 908. Minimum rules of due process will apply to assure that individual
rights to be heard are not implicated. Again, your neighborhood council may wish to adopt
Rules of Order to determine how your public hearings will be conducted, how time limits
(if any) are to be established, the order of testimony, etc. An example of a format where
a developer (“applicant”) is proposing a project includes the following steps:

a. The President announces the matter and opens the public hearing and
identifies the order in which “testimony” will occur and any applicable
time limits.

b. The “applicant” makes a presentation on the project.

4 Some Neighborhood Councils open with a Pledge of Allegiance or Invocation. These are
optional. However, be aware that the use of Invocations may not be sectarian. See, Rubin v. City of
Burbank (2002) 101 Cal. App. 4th 1194 (rev. den. 2002 Cal Lexis 8622). See also, attached Letter to
DONE, dated December 3,2002.

c. NC Board members may ask questions of the “applicant.”

d. Identified “opponents” of the project may speak; if none, public
comments may be taken on the project.

e. “Applicant” is allowed to present a rebuttal, if any, to comments.

f. The President closes the public hearing on the item.

g. The President invites discussion from the Board and by motion and a
second to that motion, a “vote” or “recommendation” regarding the
project, if sought, is taken.

h. After the vote or recommendation, the President announces the

results, (ex: “The motion [carried/failed] The recommendation of the
board will be to_the project.”

3. Making Decisions. Your actions should be done publicly at the meeting
pursuant to the Brown Act. Oral or hand votes can be taken from all the NC board
members and your Secretary or President should announce the results orally after the
motion is acted upon. Your board Rules of Order should determine whether board
members may abstain or not from voting on motions conning before it.

Maximizing The Meeting Potential. Holding an effective meeting will help your
neighborhood council reach its potential and effectively utilize your volunteer board
resources. In effective meetings, members of the body focus on the subject under
consideration in an effort to reach a conclusion-either through consensus or by majority
vote. The President must be able to keep fellow board members from focusing on
personalties, or issues that have nothing to do with the item before it. The President
should ensure that there is an open dialogue and opportunity to be heard by all the parties:
applicants, opponents, stakeholders, members of the public and fellow NC board
members. The following are guideposts 5 that will help any Chair or President run an
effective meeting and maximize the potential of your Neighborhood Council:

1. Start the meeting on time.

2. State the reasons for the meeting (Opening statement of the NC meeting
and that there are items for consideration/action) Inform the attendees of any
time restraints

5 These ideas were presented in the League of California Cities, Planning Commissioner’s
Handbook, 2000.

3. Helpful Hints:

a. Ask for clarification and restraint when someone rambles or deviates
from the discussion.

b. Ask to hold off new topics while another is under discussion.

c. Constructively evaluate an idea not yet accepted before totally
dismissing it.

d. Get back to people when you have asked them to wait.

e. Keep the public informed of the place on the agenda and what stage it
is at.

f. Prevent people from talking at the same time.

g. Protect fellow board members and the public from verbal attacks by
others.

h. Keep comments directed to the Chair, not between members,
stakeholders or members of the public.

i. Restate motions before they are voted upon.

j. Keep an eye on the clock and signal, in advance, that the meeting
deadline is about to end.

k. Keep on the schedule, be tactful.

l. Call for a break during long meetings and reconvene on time.

4. Facilitate discussion by:

a. Asking for suggestions from the group as a whole.

b. Checking whether a suggestion is acceptable to those who expressed
concerns.

c. Encouraging incomplete or tentative ideas.

d. Attempting to obtain consensus.

e. Keeping the discussion focused.

f. Intervening when members disagree.

g. Not using powers of the chair unfairly.

h. Remaining impartial during heated debate.

i. Probing for the concern behind a question.

5. At the close of the meeting:

a. Summarize the results or decisions of the meeting.

b. Indicate followup actions to be taken and by whom.

c. Indicate when the next meeting will take place.

d. Thank the members and the public for their attendance.

Conclusion. While there is no one way to conduct any particular meeting, we hope this
guide will establish some basis parameters and suggestions to help you more effectively
conduct your meeting. (i 03177 )

WRITER'S DIRECT DIAL: (213) 978-2236
FACSIMILE: (213) 978-2211

Office of the City Attorney

Rockard J. Delgadillo
city attorney

December 3,2002

Greg Nelson, General Manager
Department of Neighborhood Empowerment

305 East First Street
Los Angeles, CA 90012

Re: Rubin 1 1 . City of Burbank and Moments of Inspiration
Dear Mr. Nelson:

This letter is to apprise you of a recent decision by the California Court of
Appeal, Rubin v. City of Burbank (2002) 101 Cal. App. 4th 1194, which involved an
invocation given at a Burbank City Council meeting. This office has already alerted the
City Council to the issues raised in that case by Report No. R02-0373 dated September
20, 2002, which Report is attached hereto.

In the Rubin case, a challenge was made to the Burbank City Council beginning
one of its meeting with an invocation that invoked the name of “Jesus Christ.” The
court held that the Burbank prayer was sectarian in nature and thus violated the
Establishment Clause of the First Amendment of the United States Constitution. As
noted in the office’s Report to Council, the City of Burbank was permanently enjoined
from “ ‘knowingly and intentionally allowing sectarian prayer at City Council meetings.’ “

In accordance with the court of appeal decision, this office has advised the City
Council that any invocation, prayer or “Moment of Inspiration” which is offered to begin
its Council meetings, may not be sectarian. As City agencies, neighborhood councils
will also have to abide by the parameters in that decision; accordingly, the advice in
Report No. R02-0373 is equally applicable to the neighborhood councils in their conduct
of public meetings. The Department should notify all neighborhood councils of this
recent court decision and our Report to Council to ensure that neighborhood councils
comport with this ruling Neighborhood Council board members, should be advised that
if they wish to begin their public meetings with any invocation, prayer, “Moment of
Inspiration” or the like, that sectarian prayers are not permitted. Your department staff
should also be made aware of this decision and the advice provide by our office in
Report No. R02-0373.

AN EQUAL EMPLOYMENT OPPORTUNITY-AFFIRMATIVE ACTION EMPLOYER
200 NORTH MAIN STREET • LOS ANGELES, CA 90012-^4131 • 213.485.6370 • 213.847.8082 TDD

RecydabJe and made from recycled waste.

Greg Nelson, General Manager

Department of Neighborhood Empowerment

Page 2

I have also attached a copy of the court of appeal decision for your information.
My division will be happy to assist you in developing the language to communicate this
issue to the neighborhood council board members. If you have any questions about
this matter please feel free to contact me at (213) 978-2236.

Very truly yours,

Gwendomf)R. Poindexter

ManagingAssistant

Neighborhood Council Advice Division

GRP:mg

Attachments

cc: Claudia Dunn

Assistant General Manager

84383

REPORT NO. R02-0373
September 20, 2002

OFFICE OF THE CITY ATTORNEY

ROCKARD J. DELGADILLO
CITY ATTORNEY

Honorable Alex Padilla

President, Los Angeles City Council

200 North Spring Street

Room 465, City Hall

Los Angeles, California 90012

Re: Moment of Inspiration

Honorable Council President Padilla:

Last week a case was decided by the California Court of Appeal which may affect the Los
Angeles City Council. The case, Irv Rubin v. City of Burbank, 2002 DJDAR 10353,
involves an invocation given at a Burbank City Council meeting.

The Burbank City Council begins each of its meetings with an invocation. The invocation
is usually given by a member of a non-denominational organization of clergy or a
representative of another organization, such as the YMCA. A list is provided to the City
Clerk with names of volunteers. Neither the City Council nor the City Clerk has anything
to do with who gives the invocation. On the occasion involved in this case, the invocation
was given by a minister of the Church of Jesus Christ of the Latter Day Saints. At the end
of his short invocation, the minister said: “We are grateful heavenly Father for all thou has
poured out on us and we express our gratitude and our love in the name of Jesus Christ.
Amen.”

The City of Burbank was sued for allowing sectarian prayer in a City Council meeting. The
trial court found that the prayer was sectarian and, as such, violated the Establishment
Clause of the First Amendment of the United States Constitution. The City was
permanently enjoined from “knowingly and intentionally allowing sectarian prayer at City
Council meetings." The Court ordered Burbank to “advise anyone conducting a prayer as
part of the City Council meeting that sectarian prayers are not permitted."

The City of Burbank appealed the case. However, the Court of Appeal in its decision last
week upheld the trial court’s determination. In its opinion, the Court of Appeal found that
“the interest in protecting and safeguarding the fundamental right to maintain a separation
between church and state and to demand neutrality when the interests of religion and
government intersect is increasingly more important as our nation becomes more
pluralistic.”

AN EQUAL EMPLOYMENT OPPORTUNITY-AFFIRMATIVE ACTION EMPLOYER
200 NORTH MAIN STREET • LOS ANGELES, CA 90012-4131 • 213.485.5408 • 213.847.8082 TDD

xt-n.

Honorable Alex Padilla
September 20, 2002
Page 2

Each week, the Los Angeles City Council begins its Tuesday Council meeting with a
“Moment of Inspiration.” Since it is often a member of the clergy who gives this “Moment
of Inspiration,” the Burbank case will have an impact.

The City of Burbank is still deciding whether it will appeal this case. However, at this time,
the Burbank case is the current state of the law in California. Therefore, it is the advice of
this office that the City Council notify all persons who are to give the “Moment of
Inspiration” that any prayer or invocation not be sectarian.

For your convenience, we are attaching a copy of the Daily Journal report on the Burbank
case. This office will keep you apprised of any changes which may occur if Burbank
decides to appeal. Please contact Gail Weingart at (213) 485-5478 if you any questions.

Sincerely,

Rockard J. Delgadillo
City Attorney

RJD:GCW:lee

Enclosure

cc: City Clerk

Chief Legislative Analyst #82055

LEXSEE 2002 Cal. App. LEXIS 4619

IRV RUBIN et al., Plaintiffs and Respondents, v* CITY OF BURBANK, Defendant

and Appellant.

B148288

COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT,

DIVISION TWO

101 Cal App . 4th 1194; 124 Cal Rptr . 2d 867; 2002 Cal App, LEXIS 4619; 2002
Cal Daily Op. Service 8272; 2002 Daily Journal DAR 10353

September 9,2002, Filed

NOTICE:

[***1] THE LEXIS PAGINATION OF THIS
DOCUMENT IS SUBJECT TO CHANGE PENDING
RELEASE OF THE FINAL PUBLISHED VERSION.

SUBSEQUENT HISTORY:

Order Modifying Opinion and Denying Rehearing No
) Change in Judgment September 9, 2002.

PRIOR HISTORY:

APPEAL from a judgment of the Superior Court of Los
Angeles County. Los Angeles County Super. Ct. No. BC
221942. Alexander H. Williams III, Judge.

DISPOSITION:

Affirmed.

COUNSEL:

Dennis A. Barlow, City Attorney and Juli C. Scott, Chief
Assistant City Attorney for Defendant and Appellant.

John L. Gordon, Stuart J. Roth, David A. Cortman,
Gregory N. Bryl and American Center for Law and
Justice for Mayor Margaret Clark, Zane Han, Gary
Clark, Joe Velasquez and Ricardo Quevedo as Amici
Curiae on behalf of Defendant and Appellant.

Richards, Watson & Gershon, T. Peter Pierce, Amy
Greyson and Carrie H. Ahn for Thirty-Four California
Cities as Amici Curiae on behalf of Defendant and
Appellant.

Roger Jon Diamond for Plaintiffs and Respondents.

Edward Tabash for Council for Secular Humanism as
Amicus Curiae on behalf of Plaintiffs and Respondents.

JUDGES:

DOI TODD, J. We concur: NOTT, Acting P.J.,
ASHMANN-GERST, J.

OPINIONBY:

DOI TODD

OPINION:

[**868] [*1197] Objecting to an invocation given
at a Burbank City Council meeting which ended with an
expression of gratitude and love "in the name of Jesus
Christ," plaintiffs [***2] sought and were granted
injunctive and declaratory relief against the City. The
trial court ruled that the inclusion of "sectarian prayer" in
city council meetings violated the Establishment Clause
of the United States Constitution, and it enjoined the City
from allowing sectarian prayer at city council meetings.
The trial court also ordered the City to "advise anyone
conducting a prayer as part of the City Council meeting
that sectarian prayers are not permitted." The City has
appealed and contends the judgment is "contrary to a
firmly established body of constitutional jurisprudence
that holds that the practice of legislative invocations
which do not proselytize, promote or disparage any
single religion" do not violate the Establishment Clause
of the First Amendment. The City further contends that
the court order amounts to unconstitutional censorship
and viewpoint discrimination.

Because we conclude the invocation violated the
Establishment Clause of the First Amendment of the
United States Constitution under Marsh v. Chambers

Page 3

101 Cal. App. 4th 1194, *; 124 Cal. Rptr. 2d 867, **;

2002 Cal. App. LEXIS 4619, ***; 2002 Cal. Daily Op. Service 8272

c2 Amici in support of the City express
concern about the effect the trial court's decision
will have on their own cities' practice of prayers
at council meetings, and that they too will be
forced to end the practice of allowing "sectarian"
prayers at their council meetings.

n3 The Council for Secular Humanism takes
the position that no branch of government should
favor religion over non-belief.

[***7]

DISCUSSION

Standard of Appellate Review

[HN1] We are presented with constitutional issues,
which we review de novo. ( Berry v. City of Santa
Barbara (1995) 40 Cal App. 4th 1075, 1082, 47 Cal
Rptr. 2d 661.) We must decide whether the orders of the
trial court violate the First Amendment to the United
States Constitution, independent of the trial court's ruling
or reasoning, ( Redevelopment Agency v. County of Los
Angeles (1999) 75 Cal App. 4th 68, 74, 89 Cal. Rptr. 2d
10 .)

Legislative invocations do not violate per se the
Establishment Clause.

Both sides agree that this case is governed by Marsh
v. Chambers, supra, 463 U.S. 783, the only United States
Supreme Court case that has decided the issue of
legislative prayer. City urges that the judgment of the
trial court is an unconstitutional extension of Marsh.
Respondents argue that the trial court correctly found the
invocation unconstitutional. n4

n4 Respondents, while otherwise taking the
position that Marsh should be overruled, concede
that for the purposes of this case Marsh is
controlling.

[*** 8 ]

The issue presented in Marsh , as stated by Chief
Justice Burger writing on behalf of the majority, was
"whether the Nebraska Legislature's practice of [*1200]
opening each legislative day with a prayer by a chaplain
paid by the State violates the Establishment Clause of the
First Amendment." (Marsh, supra , 463 U.S. at p. 784.)
In Marsh, a member of the Nebraska Legislature sought
to enjoin this practice claiming that it violated the
Establishment Clause. The District Court "held that the
Establishment Clause was not breached by the prayers,

but was violated by paying the chaplain from public
funds," ( Id. at p . 785) On appeal, the Eighth Circuit
applied the three-part test established by the court in
Lemon v. Kurtzman (1971) 403 U.S. 602, 29 L. Ed. 2d
745, 91 S. Ct. 2105. The Lemon test set forth a standard
for evaluating statutory violations of the Establishment
Clause finding no violation if the following were proven:
"First, the statute must have a secular legislative purpose;
second, its principal or primary effect must be one that
neither advances nor inhibits religion; finally, the statute
must not foster 'an excessive government [***9]
entanglement with religion."’ ( Id. at pp. 612-613,
citations omitted.) n5 The Eighth Circuit [**871] held
that the Nebraska policy violated all three elements of
the test, and prohibited the state from continuing its
established practice. Certiorari was granted by the
Supreme Court.

n5 For application of this standard, see, e.g.,
Committee for Public Education v. Regan (1980)
444 U.S 646, 653, 63 L. Ed. 2d 94, 100 S. Ct
840; Committee for Public Education v. Nyquist
(1973) 413 U.S 756, 772-773, 37 L. Ed. 2d 948,
93 S. Ct 2955; Hunt v. McNair (1973) 413 US.
734, 741, 37L. Ed. 2d 923, 93 S. Ct 2868.

After a review of the historical precedent of prayer
in the public legislative context, the Supreme Court
found that such prayer was "deeply embedded in the
history and tradition of this country. From colonial times
through the founding of the Republic and ever since, the
practice of legislative prayer has coexisted with the
principles of disestablishment [***10] and religious
freedom." (Marsh, supra, 463 U.S. at p, 786.) The court
noted, "On September 25, 1789, three days after
congress authorized the appointment of paid chaplains,
final agreement was reached on the language of the Bill
of Rights .... Clearly the men who wrote the First
Amendment Religion Clause did not view paid
legislative chaplains and opening prayers as a violation
of that Amendment, for the practice of opening sessions
with prayer has continued without interruption ever since
that early session of Congress." ( Marsh, 463 US. at p.
788)

The majority in Marsh did not evaluate Nebraska's
prayer tradition under the Lemon test. Instead, as Justice
Brennan noted in dissent, the court "carved out an
exception to the Establishment Clause rather than
reshaping Establishment Clause doctrine to
accommodate legislative prayer." (Marsh, supra, 463
U.S, at p, 796 (dis. opn. of [*1201] Brennan, J,).) The
majority concluded that [HN2] the unique history of
legislative prayer, which had been established by the

101 Cal. App. 4th 1194, *; 124 Cal. Rptr. 2d 867, **;

2002 Cal. App. LEXIS 4619, ***; 2002 Cal. Daily Op, Service 8272

members of the First Congress and practiced over two
centuries, evidenced the lack of threat to the
Establishment Clause from legislative prayer: "We
conclude [***11] that legislative prayer presents no
more potential for establishment than the provision of
school transportation [citation], beneficial grants for
higher education [citation], or tax exemptions for
religious organizations [citation]." {Marsh, supra , 463
U.S. at pp. 790-791.)

In reviewing the specific prayer in question, the
court in Marsh found that its characteristics, that a
Presbyterian clergyman had been selected to give the
invocation for 16 years, that the chaplain was paid at
public expense, and that the prayers were in the Judeo-
Christian tradition, did not invalidate the practice.
{Marsh, supra, 463 U.S. at p. 793.) But the court
specifically noted in the margin that "although some of
[the] earlier prayers were often explicitly Christian, [the
minister] removed all references to Christ after a 1980
complaint from a Jewish legislator ." ( Marsh, 463 US.
atp. 793), fit. 14.

Finally, the court set forth what has since been
characterized as the Marsh test: [HN3] "The content of
the prayer is not of concern to judges where, as here,
there is no indication that the prayer opportunity has
been exploited to proselytize or advance any one, or to
disparage [***12] any other, faith or belief. That being
so, it is not for us to embark on a sensitive evaluation or
to parse the content of a particular prayer." {Marsh,
supra , 463 U.S. at pp. 794-795.)

The trial courts review was not an
unconstitutional extension of Marsh .

The City, in defending its practice of opening the
city council meetings with prayer, contends the trial
court misapplied the Marsh test and created its own legal
standard "which has no precedential base" and is
"contrary to established law." The [**872] City asserts
the invocations did not serve the purpose of
proselytizing, advancing or disparaging any one religion
and therefore did not violate the Establishment Clause,
Based on that view, the City argues the trial court
violated the explicit holding in Marsh when it evaluated
and parsed the content of the prayer given as the
council's invocation on November 23, 1999, improperly
focusing on the content of the very last sentence of the
prayer tjiat referred to "Jesus Christ" and basing its
determination that the prayer was sectarian on that
reference alone.

The City and amici in support of the City's position
contend that under Marsh the appropriate [***13] test
involves an examination of the proselytizing or
disparaging content of the prayer, rather than a
determination of the [*1202] "sectarian" nature of an

individual prayer. They argue that the Marsh court's
mention in footnote 14 of the removal of all references to
Christ in the Nebraska prayer is merely dicta in an
anecdotal footnote, and this factor is never substantively
addressed in the opinion. Thus, the City argues that the
trial court's apparent reliance on footnote 14 was
misplaced and that the trial court "created its own legal
standard which has no precedential support and is in fact
contrary to the law."

Respondents contend that the prayer in Marsh
survived constitutional scrutiny because any reference to
Jesus Christ had been removed and that Marsh supports
the decision of the trial court here.

Amici Margaret Clark et al. argue that as long as the
invocation was not used to advance the Christian faith or
disparage other faiths, the prayer passed constitutional
muster under Marsh .

It cannot reasonably be argued that the prayer here,
with a specific reference to Jesus Christ, is on the same
constitutional footing as the prayer before the court in
Marsh , [***14] from which all reference to a specific
religion had been excised. It was therefore incumbent
upon the trial court to determine whether "the prayer
opportunity had been exploited to proselytize or advance
any one, or to disparage any other, faith or belief."
{Marsh, supra, 463 U.S. at pp. 794-795.)

In Allegheny County v. Greater Pittsburgh ACLU
(1989) 492 US. 573, 106 L. Ed. 2d 472, 109 S. Ct. 3086,
the court considered whether a December holiday display
of a creche in a county courthouse and a menorah outside
a city and county building violated the Establishment
Clause. In deciding that question the majority stated that
[HN4] "whatever else the Establishment Clause may
mean it certainly means at the very least that
government may not demonstrate a preference for one
particular sect or creed (including a preference for
Christianity over other religions). 'The clearest command
of the Establishment Clause is that one religious
denomination cannot be officially preferred over
another.' [Citation.]" ( Id. atp. 605.) Nor can government
appear "to take a position on questions of religious belief
or from 'making adherence to a religion relevant [***15]
in any way to a person's standing in the political
community,"' ( Id. at p . 594, quoting from Lynch v.
Donnelly (1984) 465 U.S. 668, 687, 79 L. Ed. 2d 604,
104 S. Ct. 1355.)

In response to Justice Kennedy's concern about the
court's "latent hostility" or "callous indifference" towards
religion. Justice Blackmun writing for the majority
stated: "On the contrary, [HN5] the Constitution
mandates that the [*1203] government remain secular,
rather than affiliate itself with religious beliefs or
institutions, precisely in order to avoid discrimination

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2002 Cal. App. LEXIS 4619, ***; 2002 Cal. Daily Op. Service 8272

among citizens on the basis of their religious faiths. [P]
A secular state, it must be remembered, is not the same
as an atheistic or [**873] antireligious state. A secular
state establishes neither atheism nor religion as its
official creed.” ( Allegheny\ supra , 492 U.S. at p. 610\
109S.Ctatp.3110.)

The court in Allegheny , differentiating between the
secular and religious aspects of the celebration of
Christmas, stated: "Celebrating Christmas as a religious,
as opposed to a secular, holiday, necessarily entails
professing, proclaiming, or believing that Jesus of
Nazareth, bom in a manger in Bethlehem, is the Christ,
the [***16] Messiah. If the government celebrates
Christmas as a religious holiday (for example, by issuing
an official proclamation saying: ’We rejoice in the glory
of Christ's birth!'), it means that the government really is
declaring Jesus to be the Messiah, a specifically
Christian belief. In contrast, confining the government's
own celebration of Christmas to the holiday's secular
aspects does not favor the religious beliefs of non-
Christians over those of Christians. Rather, it simply
permits the government to acknowledge the holiday
without expressing an allegiance to Christian beliefs, an
allegiance that would truly favor Christians over non-
Christians." {Allegheny, supra , 492 U.S. atpp. 611-612.)

The court’s discussion of Marsh in Allegheny
reflects that it considered the removal of references to
Christ to have been essential to the Marsh ruling:
"Indeed, in Marsh itself, the Court recognized that not
even the 'unique' history of legislative prayer can justify
contemporary legislative prayers that have the effect of
affiliating the government with any one specific faith or
belief. The legislative prayers involved in Marsh did not
violate this [***17] principle because the particular
chaplain had 'removed all references to Christ." 1
( Allegheny , supra , 492 U.S. at p. 603.)

It is clear that the factual predicate upon which the
Supreme Court ruled in Marsh was a legislative
invocation from which all references to a particular
religion have been purposely excised. We therefore agree
with respondents that the trial court's decision was
correct under Marsh.

The reference to "Jesus Christ" in the invocation
violated the Establishment Clause.

We review the invocation at issue in light of the
foregoing considerations. The expression of gratitude
and love "in the name of Jesus Christ" was an [*1204]
explicit invocation of a particular religious belief. By
directing the prayer to "Our Father in Heaven ... in the
name of Jesus Christ" the invocation conveyed the
message that the Burbank City Council was a Christian

body, and from this it could be inferred that the council
was advancing a religious belief.

The City argues that because only about 20 percent
of the volunteers providing the legislative prayer
mentioned Jesus Christ in the invocation, it is clear that
the prayer opportunity was not being exploited to
advance [***18] or disparage any one faith or belief.
This argument promotes a test that unless a certain
incidence of unconstitutional prayer is proven, it cannot
be established that one religious belief or faith is being
proselytized or advanced over another. We disagree.
Rather, we interpret Marsh to mean that [HN6] any
legislative prayer that proselytizes or advances one
religious belief or faith, or disparages any other, violates
the Establishment Clause.

We therefore conclude that, [HN7] in accordance
with the holding in Marsh , the invocation offered to
Jesus Christ violated the Establishment Clause because it
conveyed the message that Christianity was being
advanced over other religions. The trial court was correct
in its finding,

[**874] The prohibition against "sectarian
prayer" is within the mandate of Marsh ,

City contends that imposing a standard prohibiting
"sectarian prayer" is beyond the mandate of Marsh , and,
indeed, that sectarian prayer in the context of a
legislative invocation is constitutionally permitted. City
argues that the trial court's review exceeded the only
criteria imposed by Marsh to assess whether the "prayer
opportunity has been exploited" for the [***19]
purposes of proselytizing, advancing, or disparaging any
one belief or faith; ( Marsh, supra, 463 U.S. at p. 795.)
We disagree.

As we have discussed, in light of the specific
references to the Christian faith in the invocation, as
distinguished from the invocation in Marsh from which
any such reference had been excluded by design, the trial
court properly considered whether the prayer opportunity
had been exploited for the purpose of proselytizing,
advancing or disparaging any one belief or faith. In
deciding that it had, the court found the reference to
Jesus Christ rendered the prayer "sectarian."

[*1205] [HN8] "Sectarian" is defined as relating to
or characteristic of a sect. n6 A "sect" is defined as an
organized ecclesiastical body, or a religious
denomination. n7 The trial court's characterization of the
invocation as "sectarian" was merely a definitional
determination that the invocation unconstitutionally
communicated a preference for one religious faith (or
sect) over another. Returning again to the Marsh test, in
concluding that the prayer was sectarian, the trial court
determined that the prayer opportunity had been

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2002 Cal. App. LEXIS 4619, ***; 2002 Cal. Daily Op. Service 8272

exploited to advance one faith, Christianity, [***20]
over another. n8

n6 Webster’s 10th Collegiate Dictionary
(2001) page 1053.

n7 Webster's 10th Collegiate Dictionary,
supra , page 1053.

n8 We interpret "exploit" here to mean to
make productive use of for one's.own advantage.
(Webster's 10th Collegiate Diet., supra , p. 409.)

Requiring the council to advise prayer participants
that sectarian prayers are not permitted does not amount
to unconstitutional censorship or viewpoint
discrimination.

City contends that by ordering the City to advise
those who volunteer to give the council invocation that
sectarian prayers are not permitted, the City is placed in
the position of censoring the speech of those who seek to
address the city council. City further contends that by
"restricting those whose prayer traditions and beliefs
require them to pray in the name of Jesus Christ, while
allowing others to pray in a manner consistent with their
beliefs" the trial court engaged in discrimination based
on viewpoint or ideology, in violation of the speaker's
[***21] right to freedom of speech under the First
Amendment. City relies on Perry Ed. Assn. v. Perry
Local Educators 1 Assn. (1983) 460 U.S. 37, n9 f 74 L. Ed.
2d 794, 103 S. Ct. 948 Cornelius v. NAACP Legal
Defense & Ed. Fund (1985) 473 U.S. 788, 87 L. Ed. 2d
567, 105 S. Ct. 3439, and Rosenberger v. Rector and
Visitors of VA. (1995) [**875] 515 U.S 819 nIO, 132 L.
Ed. 2d 700, 115 S. Ct. 2510 to support its contention.

n9 In Perry, a divided Supreme Court held
that permitting access to teachers' mailboxes and
interschool mail to an incumbent teachers' union
and denying access to a rival union did not
amount to viewpoint discrimination, because
government can impose reasonable regulations on
. speech, as long as die limitations are necessary to
serve a compelling state interest, are narrowly
drawn to achieve that end, and are not an effort to
suppress expression merely because public
officials oppose the speaker's view. ( Perry,
supra, 460 U.S. at pp. 45-46.)

nIO In Rosenberger , a divided Supreme
Court held that denial of funding to a student
newspaper with a Christian viewpoint from a
university fund created to pay printing costs of

student publications was unconstitutional
viewpoint discrimination, in that any benefit to
religion would be incidental to the government's
provision of services on a religion-neutral basis,
and denial of funding would be based on the
message being communicated. ( Rosenberger ,
supra , 515 U.S. atpp. 829, 843-844.)

[*** 22 ]

City correctly points out that "the government must
abstain from regulating speech when the specific
motivating ideology or the opinion or [*1206]
perspective of the speaker is the rationale for the
restriction." ( Rosenberger , supra , 515 U.S. at p. 829.)
But this does not create carte blanche for the speaker.

[HN9] Whether the trial court's order amounted to
unconstitutional censorship or viewpoint discrimination
depends on the nature of the speech involved and the
manner of restriction imposed. The question of whether
prayer in the context of student-led, student-initiated
invocations before football games at a public school was
"private speech" protected by the Free Speech and Free
Exercise Clauses of the First Amendment was answered
by the Supreme Court in Santa Fe Independent School
Dist. v. Doe (2000) 530 U.S. 290, 147 L. Ed. 2d 295, 120
S. Ct. 2266. In concluding that such speech was not
"private speech," the court noted that "these invocations
are authorized by a government policy and take place on
government property at government-sponsored school-
related events." ( Id. at p. 302.) "We recognize the
important role that public worship plays in many [***23]
communities, as well as the sincere desire to include
public prayer as a part of various occasions so as to mark
those occasions' significance. But such religious activity
in public schools, as elsewhere, must comport with the
First Amendment." ( Santa Fe Independent School, 530
U.S. atp. 307.)

As to whether such speech would be perceived as
public or private speech, the Santa Fe court said: "In
cases involving state participation in a religious activity,
one of the relevant questions is 'whether an objective
observer, acquainted with the text, legislative history,
and implementation of the statute, would perceive it as a
state endorsement of prayer in public schools.' [Citation.]
Regardless of the listener's support for, or objection to,
the message, an objective [participant] will
unquestionably perceive the inevitable pregame prayer as
stamped with her school’s seal of approval." {Santa Fe ,
supra , 530 U.S. at p, 308.) The court held that the
invocation delivered over the school's public address
system, supervised by school faculty, and in accordance
with the school policy that explicitly encourages public
prayer was not "private speech." ( Id. atp. 310.)

101 Cal. App. 4th 1194, *; 124 Cal. Rptr. 2d 867, **;

2002 Cal. App. LEXIS 4619, ***; 2002 Cal. Daily Op. Service 8272

The Ninth (***24] Circuit in Cole v. Oroville Union
High School Dist (9th Cir, 2000) 228 F.3d 1092,
followed Santa Fe and concluded that a public school
district’s refusal to allow students to deliver sectarian and
proselytizing valedictory speeches as part of a graduation
ceremony was necessary to avoid violating the
Establishment clause, and therefore did not violate the
speaker’s free speech rights. ( Cole, 228 F.3d atp. 1102.)
"The invocation would not have been private speech,
because the District authorized an invocation as part of
the graduation ceremony held on District property. ..."
{Ibid)

(*1207] In light of the fact that the legislative
invocation given at the Burbank City Council meeting
took place on government property, was authorized by
the long [**876] standing policy of the city council,
was part of the official agenda of the council meeting,
and was for the purpose of calling for spiritual assistance
in the work of the legislative body, we are satisfied that it
was not "private speech." As in Santa Fe and Cole , an
objective observer familiar with the City’s policy and
implementation would likely perceive that the invocation
carried the City's seal of approval. As [***25] such
[UN 10] those who provide legislative invocations at the
Burbank City Council meetings are subject to the
requirement that the prayers should comport with the
First Amendment.

[HN11] "For the State to enforce a content-based
exclusion it must show that its regulation is necessary to
serve a compelling state interest and that it is narrowly
drawn to achieve that end." {Perry, supra , 460 U.S. at p.
45.) "In addition to time, place, and manner regulations,
the State may reserve the forum for its intended
purposes, communicative or otherwise, as long as the
regulation on speech is reasonable and not an effort to
suppress expression merely because public officials
oppose the speaker’s view." {Id. at p. 46.)

We can think of no more compelling interest than
safeguarding the Establishment Clause of the First
Amendment to support the restriction ordered here. As
stated in Lynch v. Donnelly (1984) 465 U.S. 668, 79 L.
Ed. 2d 604,104 S. Ct. 1355, [HN12] "The Establishment
Clause prohibits government from making adherence to a
religion relevant in any way to a person's standing in the
political community. Government can run afoul of that
prohibition in two principal ways. One is [***26]
excessive entanglement with religious institutions, which
may interfere with the independence of the institutions,
give the institutions access to government or
governmental powers not fully shared by non adherents

of the religion, and foster the creation of political
constituencies defined along religions lines. ... The
second and more direct infringement is government
endorsement or disapproval of religion. Endorsement
sends a message to nonadherents that they are outsiders,
not frill members of the political community, and an
accompanying message to adherents that they are
insiders, favored members of the political community.
Disapproval sends the opposite message." ( Id. at pp.
668, 687-688 (cone. opn. of O'Connor, J.).)

The interest in protecting and safeguarding the
fundamental constitutional right to maintain a separation
between church and state and to demand neutrality when
the interests of religion and government intersect is
increasingly more important as our nation becomes more
pluralistic. In [*1208] ordering that the City not permit
sectarian prayer at city council meetings and requiring
the City to advise those who participate in conducting
prayer at city council [***27] meetings of this
limitation, the trial court drew the regulation as narrowly
as possible. The only restriction being imposed on the
prayer is that it not be sectarian, that is, that the
invocation not be used to advance one faith or belief over
another, nl 1

nil Amicus Thirty-Four California Cities
presents an argument in their brief that the terms
of the trial court's injunction are ambiguous and
therefore unenforceable. This issue was not raised
by the appellant in its opening brief. While we
recognize that this court may consider new issues
raised by an amicus on appeal (see Fisher v. City
of Berkeley (1984) 37 Cal 3d 644, 709-713, 209
Cal Rptr. 682, 693 P.2d 261), we decline to do
so here.

[**877] DISPOSITION

The judgment of the trial court fully comports with
Marsh v. Chambers, supra, 463 U.S . 783, and is
affirmed. Respondents are awarded costs of appeal.

DOI TODD, J, [***28]

We concur:

NOTT, Acting P J.

ASHMANN-GERST, J.

5. Liability Concerns

LIABILITY CONCERNS FOR NEIGHBORHOOD COUNCILS

Neighborhood Council board members, unfortunately, have to be concerned about
liability issues arising from their roles as City advisory bodies. The risk and exposure of
being sued can arise in a variety of contexts and this paper addresses what to do in the
unfortunate circumstances when a process server serves your board or board member with
a lawsuit, the various contexts in which lawsuits can arise and how to avoid and reduce the
risk of a lawsuit.

What To Do If You Are Sued. A lawsuit against individual board members will usually
begin with a process server serving you with papers called a summons and complaint. 1
The complaint is the first document the plaintiff files with the court to commence litigation.
The complaint contains the plaintiff’s allegations for injury and rights violations and sets
forth what plaintiff is seeking from the court (the prayer for relief.) The summons calls upon
the named defendants to respond to the complaint by filing a response to the complaint
with the court within 30 days. In essence, somebody wants to hold you - probably along
with the City and possibly other city employees - legally responsible for your alleged
activities that caused plaintiff’s injury, or for activities that the plaintiff contends are a
violation of the law. A plaintiff might seek damages, injunctive or declaratory relief or both
remedies.

In the vast majority of cases the City will provide you with legal representation,
almost always by the City Attorney’s Office and pay (indemnify) any judgment for
compensatory damages against you. 2 Assuming that the City will be defending you, the
defense begins by your request to this office for representation in the case. In many
instances, your testimony might be sought during pre-trial discovery proceedings (byway
of deposition) and perhaps at trial. Where the facts and law allow, this office will seek to
have the case against you dismissed on motion before trial. Should you remain in the case
and if the case does not settle, the matter will proceed to resolution at the trial court level
either byway of summary judgment (a resolution effected by motion where material facts
are not in dispute) or by trial. If a judgment were awarded against you at the trial court
level, appellate remedies would be given consideration. If, after all proceedings at the trial
and appellate levels, a final judgment stands against you, the City will (again, with rare
exceptions as noted below) pay any judgment for damages on your behalf.

Requesting Representation- If you are sued, you must promptly write to the City

1 A lawsuit against the board begins with service of a summons and complaint filed with the City
Clerk since the City Clerk is authorized to accept service by the City, its employees, boards, and entities.

2 However, as will be explained further below, there are exceptions to these assurances.

Attorney’s Office requesting representation and indemnification along with a copy of the
summons and complaint. 3 If the City Attorney has an obligation to defend you, usually
this means that the City will pay on your behalf any judgment awarded against you
(indemnification) or any settlement.

Who Will Defend You. An attorney from the City Attorney’s Office will normally be
assigned to the case. However, there is normally a lag time between the service and filing
of the lawsuit, and determination of who in the office will be assigned to the case, so do not
be alarmed if you are not immediately contacted by a member of the office. Assuming that
you have made a request for representation and that the City Attorney will provide you a
defense, rest assured that a timely response will be filed to the lawsuit to protect yours and
the City’s interests. In most instances, the City, or an entity of the City, such as the
Neighborhood Council itself, as well as other City employees or public officials, will also be
named as a defendant. In the vast majority of these case, the City Attorney will be able
to serve as defense counsel for all of the defendants in the case without a conflict of
interest. On occasion, where a conflict exists, one or more additional attorneys will be
retained by the City to perform the necessary representation.

Settlement of the litigation will not be your decision. Settlement authority is rarely
held by the official being sued. Unless you wish to pay a settlement with your own funds,
a settlement of the lawsuit will be decided by those City officials who have settlement
authority under the City Charter and the Administrative Code. Currently, the Mayor
possesses the authority to settle claims up to $50,000 and has delegated this authority to
the City Attorney. Settlements of $50,000 and $100,000 are referred to the City Claims
Board comprised of representatives of the Mayor, Council President and City Attorney.
Settlements over $100,000 must be acted upon by the City Council after recommendation
from the Claims Board.

Scope and Indemnification. When a City employee or City officer is sued, normally the
City Attorney will provide a defense to that employee or officer. Although Neighborhood
Council board members are neither “employees” or “officers,” for liability purposes, the
board members will be treated as if they were City employees. This means that should a
board member be sued, the City Attorney will evaluate whether it will defend that board
member in the lawsuit and pay any damages that might be assessed in a court judgment.

The obligation to provide a legal defense and indemnify largely turns on whether
your conduct in the matter was (a) what the law terms “the scope of employment,” (b) not
wilful misconduct (what the law terms “actual, fraud, corruption, or actual malice”) and
whether (c) you cooperated in the City’s defense of the lawsuit. If the matter is deemed to
be beyond the scope of employment or if you engaged in wilful misconduct, you will not
receive a defense or indemnification from the City and will need to retain private counsel.

3 Your failure to make this request in a timely manner could result in the loss of your rights to
representation and indemnification. See Attachment “A” for an sample letter requesting representation.

If the City is uncertain about whether the activity is within the scope of employment or
whether wilful misconduct was involved, the City may offer you a defense under a
reservation of rights - an arrangement under which you would be represented by private,
outside counsel at City expense with the question of whether you would be indemnified
turning on the results of the litigation.

Applied to Neighborhood Councils, the “scope of employment” will extend to
activities and performance related to the role of being a Neighborhood Council board
member as it relates to the Citywide System of Neighborhood Councils. Activities that fall
beyond that scope could result in personal liability and the City is not required to provide
a legal defense. Official activities of Neighborhood Councils acting as a board (conducting
public hearings, making recommendations to the City’s decision makers, monitoring City
services, etc) would in most instances be attributable to the City and a defense provided
if the board was sued.

In establishing these requirements, the law strikes a bargain of sorts that provides
officials with a substantial measure of legal security in return for their cooperation with the
governmental entity that is being called upon to foot the bill for both the defense and any
required indemnification. The law defining representation and indemnification is a product
of both state statutory authority, the City Charter and local ordinance provisions. However,
you should also be aware that a personal judgment against you, even if it is paid by the
City, is picked up by credit reporting agencies and goes on your credit history.

Activities outside the scope. Where the lawsuit would involve a board member’s
personal life or political activities, the City is not legally concerned and should bear no
financial responsibility for the conduct. Other activities that will clearly fall outside the
scope of a Neighborhood Council’s duties include fraudulent, corrupt, or malicious conduct,
including allegations of assault and battery, and intentionally or negligently causing harm
to other persons. Activities constituting wilful misconduct expose a board member to
personal liability. In these situations the city may (a) deny the board member a legal
defense (b) deny indemnification and, (c) seek indemnification from the board member for
any monies it was required to pay to the plaintiff.

Punitive damages. Importantly, conduct giving rise to punitive damages, such as
intentional torts (infliction of emotional distress, defamation, harassment) can lead to
personal liability since the City is not legally obligated to pay punitive damages assessed
against an individual defendant. Punitive damages are intended to punish a defendant for
outrageous behavior and thereby deter others from engaging in that conduct. Under
California law, punitive damages are available for conduct constituting what state statute
terms “oppression, fraud, or malice.” The City may elect to pay punitive damages
assessed against an official but only if its governing body in its discretion finds (a) the
conduct was within the scope of employment, (b) the official acted or failed to act in good
faith, without actual malice and in the apparent best interests of the City, and (c) payment
would be in the best interests of the City.

Cooperation in the defense- For the City Attorney to provide a defense to the board
member, the board member must cooperate in the City’s defense. The City Attorney is the
City’s lawyer and it controls the litigation. Thus, settlement of any litigation is not the
decision of the individual board member but will be decided by those City officials who
have settlement authority under the City Charter and the City’s Administrative Code.

No criminal defense. Certain activities can result in criminal and civil penalties such
as violations of the Brown Act (opening meeting laws), the Political Reform Act (conflict
of inflict laws), and misuse of public funds. The City Attorney is the legal advisor of the City
and while it may provide a defense to an individual in a civil manner, accusations of this
nature will required the board member to hire their own attorney with their own funds for
defense.

Types of Potential Violations. This section will briefly explore, but is not an exhaustive
list, of the type of problems that can create exposure to liability. This is meant to educate,
not to deter you from public sendee. If you review the previous sections of this Manual
about your role as a board member, attend training offered by the Department of
Neighborhood Empowerment and the City Attorney’s Office, and generally comply with the
rules in the Plan and Regulations, the likelihood of being subjected to a lawsuit is greatly
reduced.

Brown Act violations- Most Brown Act violations can be cured as a body by setting
aside a decision and acting on the matter again. Should a Neighborhood Council board
be sued in a civil action challenging a decision because it violated the Brown Act, the City
Attorney would provide a defense to the board. Occasionally, an individual board member
can be charged with a violation of the Brown Act, which is a misdemeanor and is
prosecuted by the district attorney. The City Attorney would not provide a legal defense to
a board member. Review of the Brown Act training materials can avoid this.

Conflict of Interest- Violations of the Political Reform Act can carry administrative,
civil and criminal penalties assessed by the Fair Political Practices Commission or the
District Attorney’s Office, depending upon the violation. Violations of Government Code
§ 1090 are felonies and can be prosecuted by the district attorney. In the event that a
board member is prosecuted, the City Attorney would not provide a legal defense. Private
counsel would have to be retained from personal funds.

Defamation- Slander (spoken)/ Libel (written)- These are considered torts and
depending upon the context in which the conduct occurred, the City Attorney would
evaluate whether a defense will be provided to the defendant. Thus, you should carefully
consider the words you use when acting in your capacity as a board member, and craft
your e-mail communications with care, to avoid these charges. Your Neighborhood
Council websites should be periodically reviewed for characterizations that can result in
allegations of libel.

Assault/Battery- Unfortunately, there have been instances when board members
have been involved in physical altercations as a form of dispute resolution. This is
absolutely unacceptable behavior and must be avoided at all costs. The City Attorney will
not provide a legal defense for any criminal or civil charges filed against a board member
for this behavior. If at any meeting, security concerns are present, the board should
contact the Los Angeles Police Department and the Department of Neighborhood
Empowerment to request security.

Misuse/Misappropriation of public funds- Stealing money from the City is a crime for
which an individual can be both civilly and criminally liable. In addition, improperly
spending City monies on matters that do not relate to the Neighborhood Council system
can be deemed a misuse of public funds. No City Attorney defense will be provided in this
instance.

Public Records Ad- Neighborhood Councils are subject to the Public Records Act.
Liability could result should a requestor sue the Neighborhood Council for noncompliance
with the Act. Should a lawsuit be filed, the City Attorney would defend the board. If the
defense was unsuccessful, the board would be ordered to comply with the Act or face
contempt of court charges. Contempt of court against individual board members for wilful
violations will likely not be defended by the City Attorney’s office. Payment of any
attorneys fees arising from the lawsuit may be assessed against the Neighborhood
Councils yearly allocation of funds.

Americans With Disabilities Act- Violations of the ADA can give rise to liability
against the City, through the actions of the Neighborhood Councils. Holding meetings in
nonaccessible facilities, or failure to provide the required language on notices and agendas
can result in a lawsuit seeking compliance with these rules. The City Attorney would
defend the board in these instances. However, a successful lawsuit can result in the
payment of attorney fees, which can be assessed against the Neighborhood Council’s
annual fund. Careful adherence to the ADA requirements and consultation with either the
Department of Neighborhood Empowerment or the Department of Disability is
recommended if there is any doubt about your board’s compliance with these rules.

Discrimination- Allegations can stem from racial, gender, religious, color, ancestry,
disability or sexual orientation discrimination, to name a few. Harassment based on these
protected classifications is a form of discrimination that can result in a lawsuit being filed
against your board. Violations can result in a civil complaint alleging statutory and
constitutional violations. Allegations against the Neighborhood Council would likely be
defended by the City Attorney. Those involving individually named defendants would have
to be analyzed to determine if the conduct was within the scope of duties. Careful
compliance with the Plan For A Citywide System Of Neighborhood Councils Statement of
Discrimination should eliminate any risk of liability. See, Plan, Article II, Section 2.

Conclusion. Hopefully, your service on a Neighborhood Council board will be a rewarding
a fulfilling experience which will be litigation-free. Consulting your Project Coordinator and
the City Attorney’s Office will help you to avoid legal land mines.

[116588]

{Board Member’s address}
{Date}

Rockard J. Delgadillo, City Attorney
Office of the City Attorney
800 City Hall East
200 N. Main Street
Los Angeles, CA 90012

Re: [Case Name]

{Case No.}

Dear Mr. Delgadillo:

On {insert date} at {insert time} I was served with a copy of the enclosed
documents in the above-entitled lawsuit. I am a board member {committee

member} on the_Neighborhood Council. Please

consider this my formal request for representation and indemnification by the City
of Los Angeles. If you have any questions regarding this matter I may be
reached at (###)_-_.

Very truly yours,

{Board Member’s Name}

Ends.

Mydocu,Requestlndem.doc

6. Americans with Disabilities Act

THE AMERICANS WITH DISABILITIES ACT

What is the Americans With Disabilities Act (“ADA”)?

The ADA is federal law designed to protect the rights of individuals with disabilities. Title
II of the Act, 42 U.S.C. § 12131, prohibits discrimination on the basis of disability by public
entities. All services, programs, and activities of a public agency must be made readily
available to and usable by disabled individuals. The law imposes an affirmative obligation
upon public entities to ensure accessability to individuals with disabilities to all of its
programs and activities. The terms “services,” “programs,” and “activities" are interpreted
broadly to mean all aspects of operation.

Does the Act apply to Neighborhood Councils?

Yes. The activities, services and programs of Neighborhood Councils are subject to the
Act. Neighborhood Council board and committee meetings must comply with the
provisions of the Act, as further discussed below.

What is a “reasonable accommodation?”

The Act provides that “no qualified individual” with a disability shall be excluded from
participation or be denied the benefits of the services, programs or activities of a public
entity (or local agency thereof). 42 U.S.C. § 12132. The Act provides that persons with
disabilities must be provided with modifications to “rules, policies or practices, the removal
of architectural, communication or transportation barriers, or the provision of auxiliary aids
and services” to receive the services or participate in the program offered by the public
entity to allow them to fully participate in these services, programs or activities. Thus, a
“reasonable accommodation” generally means “efforts made to remove barriers, which
prevent or limit participation by persons with disabilities in a program, service or activity.”
See, Guide to Accessible Event Planning, p. 3, published by the City of Los Angeles,
Department of Disability. 1

What are some examples of a “reasonable accommodation?”

The Guide to Accessible Event Planning identifies some common examples of reasonable
accommodations such as: providing written materials in large print or in Braille, for the
visually impaired, and providing oral interpreters, sign language interpreters or having real
time captioning for the hearing impaired. The meeting venue must be “barrier free” having
accessible entrances/exits, disabled parking, appropriate corridor width as well as

1 See, http://www.lacity.org/dod/indexpaige/dodindexpage169, for a copy of the Guide.

appropriate signage, and restroom and water fountain facilities, if those are available to the
general public.

Does the ADA require the Neighborhood Council to provide a personal assistant to
assist the disabled person to enter a facility as a “reasonable accommodation”?

No. The ADA only requires that the meeting venue you choose be accessible. In other
words, there are no physical restraints that would otherwise prevent a disabled person from
entering the building. If an individual needs assistance to traverse a ramp or to lift a
wheelchair out of the car, the ADA does not mandate a public entity to provide that type
of assistance.

How can Neighborhood Councils comply with the ADA?

Neighborhood Councils need to make sure that their meeting sites are accessible and their
communications can be accessed through assistive devices, when requests are made.
DONE and the Department of Disability can provide assistance to you when processing
these requests.

Meeting sites should meet the requirements of the Act. This means more than just
providing ramps for wheelchair bound individuals and parking that has handicapped
spaces. The regulations are often detailed, and you should seek verification from the
DONE and the Department of Disability to ensure that your meeting site complies with the
Act. Venues for Neighborhood Council events designed to outreach to your stakeholders,
such as community fairs or picnics, should also comply with the ADA, since those events
will likely be deemed “activities” of a public entity. You should consult the Guide to
Accessible Event Planning, published by the Department of Disability to provide you with
guidance as you plan your event.

Your written materials, particularly your meeting agendas 2 , should provide information as
to how an individual may request assistive devices (such as hearing aids, braille materials,
large printed materials, etc.) at the meeting. 3 That standard language should read
substantially as follows and must appear on every meeting agenda, including those of your
committees that are open to the public: 4

2 Other relevant documents may include brochures, public reports, flyers, and other public
notices.

3 Do not confuse this with language translation. The ADA only provides equal access for the

disabled, and does not cover individuals who need materials translated in a language other
than English. ,

4 We also have provided a sample agenda that includes this language at the back of this

handbook.

The XXX Neighborhood Council complies with Title II of the Americans With
Disabilities Act and does not discriminate on the basis of any disability.

Upon request, the XXX Neighborhood Council will provide reasonable
accommodations to ensure equal access to its programs, services and
activities. Sign language interpreters, assistive listening devices, or other
auxiliary aids and/or services maybe provided upon request. To ensure the
availability or services, please make your request at least 3 business days
(72 hours) prior to the meeting you wish to attend by contacting the
Neighborhood Council Secretary at (XXX) XXX-XXXX, or please send an
e-mail that states the accommodations that you are requesting to XXX.

Do Neighborhood Councils’ offices have to been in compliance with the ADA?

Yes. Many Neighborhood Councils are leasing office space from private landlords through
the City’s Leasing Program, designed specifically for Neighborhood Councils. The building
that you lease office space from must be accessible to the public. An agreement with a
landlord for office space that does not meet this requirement will not be allowed.

What other activities of the Neighborhood Council have to be in compliance with the
Act?

A variety of services and activities that your Neighborhood Council engages in must be
accessible. This includes voting at Neighborhood Council elections. The election venue
must be accessible or a reasonable accommodation provided if the voter cannot reach
your polling location (allow for mail-in ballots, pick up system, etc.) Community events
(socials, festivals) should not be planned at venues where the disabled cannot attend.
Thus, the use of private homes is highly discouraged since it is unlikely that the home will
be fully accessible.

[11822

7. Election Issues

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

Approved by the Los Angeles City Council on January 25, 2005

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

TABLE OF CONTENTS

SECTION _ PAGE

I. DEFINITIONS 3

II. GENERAL PROVISIONS 5

III. NON-COMPLIANCE WITH THESE ELECTION

PROCEDURES 6

IV. ELECTION PROCEDURES PLANNING TEMPLATE 7

V. ELECTION PROCEDURE CONTENT 7

VI. TIMELINE & APPROVAL OF YOUR PROCEDURES 8

VII. THE INDEPENDENT ELECTION ADMINISTRATOR 9

VIII. POSTPONEMENT OF AN ELECTION 11

IX. CANVASS OF VOTES, ISSUANCE OF RESULTS

AND RATIFICATION OF THE ELECTION 11

X. TYPES OF ELECTIONS 12

XI. AT POLLS VOTING 13

XII. VOTE-BY-MAIL 14

XIII. PROVISIONAL VOTING 16

XIV. SHOW OF HANDS, VOICE VOTE AND WRITE IN VOTE 17

XV. STAKEHOLDER VERIFICATION 18

XVI. BALLOT DESIGN 19

XVII. CAMPAIGNING 20

XVIII. POLLING PLACE OPERATIONS 21

XIX. CANDIDATE FILING PROCESS 23

XX. TRANSLATION & INTERPRETATION SERVICES 25

XXI. PUBLIC OUTREACH AND NOTICE OF ELECTION 25

XXII. RESOLUTION OF CHALLENGES 28

XXIII. DISPOSITION OF ELECTION RECORDS 31

XXIV. PROCESS TO SEEK AMENDMENT TO THESE

ELECTION PROCEDURES 31

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

I. DEFINITIONS

• “Absent Voter” means any voter casting a ballot in any way other than at
the polling place.

• “All Vote-By-Mail Election” means an election conducted in which the only
voting option is using a ballot that is voted and placed in a sealed
envelope, which is then delivered to the election official via the U.S. mail,
private courier or hand delivery.

• “Board of Neighborhood Commissioners (BONC)” means the seven (7)
member appointed commission responsible for policy setting and policy
oversight, including the approval of contracts and leases and the
promulgation of rules and regulations, but not the day to day management
of the Department of Neighborhood Empowerment or the neighborhood
councils.

• “Campaigning” means a series of actions conducted by a candidate(s) or
person(s) on behalf of a candidate(s) intended to influence voters to vote a
certain way. Such actions may include, but are not limited to, the
distribution of printed or electronic material, making of telephone calls,
giving of speeches in a public setting, discussions with individuals or small
groups of voters, placement of signs, etc. (see Electioneering below.)

• “Challenge" means a written complaint filed by a stakeholder that the
election was improperly conducted including, but not limited to, alleged
incidences of voting fraud or improper candidate activity, and that the
results of the election should be set aside or overturned.

• “Department of Neighborhood Empowerment (DONE)” means the City
department responsible to implement and oversee the ordinances and
regulations creating the system of neighborhood councils enacted
pursuant to City Charter Section 905 including: preparing a plan for the
creation of a system of neighborhood councils, assisting neighborhood
councils in the certification process and in the election/selection of their
governing board members, arranging Congress of Neighborhoods
meetings as requested by neighborhood councils, arranging for the
provision of training to neighborhood councils, assisting neighborhood
councils in operational and logistical areas, and other duties as provided
by ordinance.

• “Electioneering” means to solicit a vote or speak to a voter on the subject
of marking his or henballot; to place a sign(s) relating to any candidate or
other matter to be voted on; to distribute material relating to any candidate
or other matter to be voted on; or to place a sign(s), distribute material, or

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

converse with a voter on the subject of the voter’s qualifications to vote.
Electioneering is an aspect of campaigning that is generally understood to
mean the activities targeted at voters when they are engaged in arriving to
the polling place or in the actual act of voting.

• “Election Procedures” mean the written procedures and methods adopted
by a Neighborhood Council, consistent with their bylaws and approved by
the Department of Neighborhood Empowerment, that are used to conduct
the Neighborhood Council’s governing board member elections.

• “Final Decision Maker” means the person(s) or organization selected to
review and issue final findings relative to a Challenge filed against the
election. This person(s) or organization shall not be the Independent
Election Administrator and should be independent from the outcome of the
election and shall have no vested interest in the outcome of the election.
The primary Final Decision Maker will be composed of Neighborhood
Council representatives. The selected stakeholders do not need to be
governing board members of the Neighborhood Council. The settling of
election challenges is an administrative process. Public meetings and/or
hearings, although allowed, are not required.

• “Independent Election Administrator” means the person(s) or organization
responsible for conducting the actual election. The Independent Election
Administrator should be independent from the outcome of the election and
shall have no vested interest in the outcome of the election. Duties
include, but are not limited to, setting up and managing the polling
location(s), checking in voters, distributing and receiving ballots, tabulating
the votes, announcing the election results, and securing the election
materials.

• “Neighborhood Council” taken in the singular and capitalized, refers to that
one Neighborhood Council involved in the activity being described. The
term “neighborhood councils”, plural not capitalized, is used when the
activities being described are general to all neighborhood councils.

• “Person” means an individual human being.

• “Prepared Ballot Election” means an election in which the candidates file
prior to the election and are included on a printed ballot that is distributed
to the voters at the polling location(s) on election day.

• “Prepared Ballot Election with the Vote-By-Mail Component” means an
election in which the candidates file prior to the election and are included
on a printed ballot that is distributed to and voted by the voters either at: 1)
the polling location(s) on election day or 2) or via the U.S. mail or
alternative delivery service.

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

• “Provisional Ballot” means a ballot cast by a voter whose eligibility to vote
in the election cannot be determined at the time the vote is cast. The
voter’s eligibility will be verified at a later date pursuant to methods
specified in the Election Procedures and the ballot will be processed
subject to the outcome of the verification process.

• “Proxy” voting means the written or verbal authorizing of one person to act

(vote) for another as an agent or substitute, (e.g.” I hereby authorize
_to cast a vote for __in my place.”)

• “Recount" means counting the votes cast again for a particular contest or
for the entire election to determine if the original vote tally is accurate.

• “Same-Day Election Format” means an election in which the candidates
are npminated and the voting takes place on the same day and at the
same general location.

• “Stakeholder” means a person who, pursuant to the Neighborhood
Council’s bylaws, is eligible to be a candidate and/or vote in the
Neighborhood Council’s governing board election. At a minimum, a
stakeholder is anyone who lives, works or owns property within the
Neighborhood Council boundaries.

• “Vote-By-Mail Ballot” means a ballot that is voted and placed in a sealed
envelope, which is then delivered to the election official via the U.S. mail,
private courier or hand delivery.

• “Write-In Candidate” means a candidate who is not included on the
prepared printed ballot but for whom voters may cast a vote by writing in
the candidate’s name in the appropriate space provided on the ballot.

II. GENERAL PROVISIONS

a. Election Procedures must be consistent with the requirements
outlined in this document, and the applicable Neighborhood Council
bylaws and all other applicable laws governing the operation of
neighborhood councils.

b. All elections must be conducted consistent with the Neighborhood
Council bylaws and the Department of Neighborhood Empowerment
(DONE) approved Neighborhood Council Election Procedures.

c. All persons or other entities that meet the criteria for the definition of
stakeholder as outlined in the Neighborhood Council bylaws shall be
eligible to vote in the election.

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

d. Stakeholders cannot be denied the opportunity to vote for a candidate
for member of the governing board for whom they are eligible to vote.

e. Stakeholders cannot be denied the opportunity to run for a board seat
for which they hold stakeholder status.

f. Election Procedures, including qualification requirements for voting
and/or candidacy, cannot be designed to restrict participation in the
election process by specific groups of persons/stakeholders in the
Neighborhood Council (e.g. homeless, volunteer workers,
monolingual non-English speaking, public transit dependent, home
based workers, etc.).

g. The election must be held in such a way as to allow for the greatest
stakeholder participation (e.g. poll location(s), length of time available
for voting, number of days, hours, voting options, candidate process,
etc.).

h. In conducting governing board member elections, neighborhood
councils must comply with all applicable Americans with Disabilities
Act requirements.

III. NON-COMPLIANCE WITH THESE ELECTION PROCEDURES

a. In the event that the Neighborhood Council chooses to proceed to
conduct an election without complying with these Neighborhood
Council Election Procedures, the following actions shall be initiated:

i. If finalized election procedures are not approved 90 days prior to the
election, DONE shall immediately notify the Neighborhood Council that
they.are being placed on Timely Elections Watch List and scheduled for
formal public hearings before the BONC until such time as a valid election
has been held.

b. If the Neighborhood Council has indicated their intent to hold an
election in less than 90 days, or to hold an election that is not in
compliance with these Election Procedures, DONE will;

i. Notify the Neighborhood Council that their election will not be recognized,
and the ability to participate fully as a Neighborhood Council in the City
will be suspended.

ii. Advise the Neighborhood Council that the City will not provide financial
support for the conduct of that election.

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

iii. Advise the Neighborhood Council that it will not have access to City

funding (including the Neighborhood Council Funding Program) and other
support services for the conduct of the election.

c. If the Neighborhood Council holds an election without complying with
these procedures and without DONE approval, DONE will take the
following actions:

i. The outcome of that election will not be recognized as valid.

ii. The Neighborhood Council will not have access to City funding (including
the Neighborhood Council Funding Program) and other support services
for the conduct of any Neighborhood Council business.

iii. DONE will set a new election date within six (6) months for the
Neighborhood Council following the provisions contained in these
Neighborhood Council Election Procedures.

iv. DONE will provide assistance to the Neighborhood Council in establishing
election procedures and conducting the new election in accordance with
the provisions contained in these Neighborhood Council Election
Procedures.

v. If a Neighborhood Council has not held a valid erection within six (6)
months of the notification issued by DONE, or refuses to initiate the
activities necessary to conduct the election, DONE shall report to the
BONC for consideration of revoking the Neighborhood Council’s

' Certification or decertifying the Neighborhood Council, whichever process
is applicable.

IV. ELECTION PROCEDURES PLANNING TEMPLATE

a. DONE will furnish each Neighborhood Council with an Election
Procedures Template, included here as Exhibit I, which may be
utilized to assist in the development of the Election Procedures to be
used in the Neighborhood Council’s governing board member
election.

V. ELECTION PROCEDURE CONTENT

a. Consistent with the Neighborhood Council bylaws, the Election
Procedures shall specify:

i. The date(s), hours and location(s) of the election.

ii. The voting methods to be utilized (e.g. at polls voting, vote by mail, same
day format, etc).

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

iii. Whether board officers are to be elected directly by the stakeholders or
subsequently elected or appointed by the elected board members.

iv. Whether board members shall be elected at large and/or by district.

v. The number and type of board member seats available and any
qualifications required to be a candidate for any particular seat.

vi. Whether any board seats will be filled by appointment and the process for
making such appointments.

vii. How staggered terms will be distributed amongst the elected candidates.

viii. The seats for which stakeholders of various categories are eligible to vote.

ix. No proxy voting shall be allowed in Neighborhood Council elections.

x. The exact boundaries of the Neighborhood Council as approved in its
certification, or as adjusted by the BONC, and the boundaries of any
voting districts, as applicable, within the Neighborhood Council.

VI. TIMEFRAME & APPROVAL OF YOUR ELECTION PROCEDURES

a. The Election Procedures must specify that the first election will be
held within six (6) months or 180 days of certification, and all
subsequent elections must be held in accordance with the
Neighborhood Council bylaws.

b. If circumstances arise such that the First election cannot be held within
six (6) months of certification, or that subsequent elections cannot be
held within the time frame specified in the bylaws, then DONE shall
report to BONC within 30 days, in accordance with BONC
procedures, on the issues preventing conduct of the election and, with
the input of the Neighborhood Council, seek to establish an
alternative time table for conduct of the election.

c. The Neighborhood Council Election Procedures must be drafted by
stakeholders of the Neighborhood Council with assistance provided
by DONE. The Neighborhood Council may also seek additional
assistance in drafting the Election Procedures from other
knowledgeable sources.

d. The interim board or the existing elected board of the Neighborhood
Council shall designate, consistent with the Neighborhood Council
bylaws, an Elections Procedures Committee, or equivalent, to draft
and/or revise the election procedures. The designation of the

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

Elections Procedures Committee, or equivalent, shall be made in
accordance with the Neighborhood Council bylaws or at a noticed
public meeting.

e. The Neighborhood Council must submit draft election procedures,
approved by the Interim or existing elected board in a publicly noticed
meeting, to DONE for review and written approval no later than 140
days prior to the projected election day. Prior to the finalization of the
election procedures, the Independent Election Administrator that will
be responsible for conducting the election must be designated. DONE
shall provide the draft election procedures to the designated
Independent Election Administrator for review and comment as part of
the DONE review and approval process.

f. The following schedule will be used to facilitate the review and
approval of the Election Procedures:

i. DONE shall complete the initial review and return the draft Election
Procedures with comments to the Neighborhood Council within 20
calendar days of receipt.

ii. Upon receipt, the Neighborhood Council shall modify the draft Election
Procedures, as necessary, and return them to DONE within 20 calendar
days.

iii. DONE will complete its final review of the draft Election Procedures within
ten (10) calendar days of receipt of the revised Election Procedures.

Iv. The finalized Election Procedures must be approved by DONE no later
than 90 days prior to the designated election day(s).

v. The finalized Election Procedures must also be adopted by the interim or
elected Neighborhood Council governing board, in a publicly noticed
meeting, no later than 60 days before the scheduled election.

VII. THE INDEPENDENT ELECTION ADMINISTRATOR

a. The Election Procedures must identify an Independent Election
Administrator selected by the Neighborhood Council to conduct the
election. To serve as the Independent Election Administrator, the
person(s) or organization selected must have attended training
program conducted by DONE and assisted in conducting at least one
(1) prior neighborhood council governing board member election.

b. The election must be conducted by the Independent Election
Administrator named in the Election Procedures. However, if the

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

designated Independent Election Administrator cannot fulfill their
responsibilities, the Neighborhood Council must immediately notify
DONE so that a mutually agreed upon replacement Independent
Election Administrator can be secured.

c. The Independent Election Administrator may utilize the staff, material,
equipment and facility resources of the Neighborhood Council or
DONE to assist them in carrying out the election administration duties,
provided, however, that the following conditions are met:

i. That none of the candidates for the governing board participate in any way
in the handling/counting of ballots, voter/candidate registration/verification,
and/or assisting voters engaged in the act of voting in translating the
voting material or explaining the voting process.

ii. Written procedures must be developed that specify the roles and
responsibilities of all parties participating in the administration of the
election.

iii. The Independent Election Administrator must maintain the ultimate
authority and responsibility for the administration of the election.

d. DONE shall not act as the Independent Election Administrator.

e. The Independent Election Administrator shall be responsible for the
following duties:

i. Reviewing and providing input on the Neighborhood Council’s draft
Election Procedures.

ii. Processing of candidates including verification of eligibility and conducting
or supervising the candidate forum(s).

iii. Processing of voters including pre-registration and verification of eligibility
as applicable.

iv. Overseeing and approving the preparation of the ballot to be used in the
election.

v. Distributing and receiving ballots from the voters.

vi. Verifying any provisional ballots.

vii. Counting and recounting the ballots.

viii. Issuing the election results.

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

ix. Securing and submitting all election materials for records retention in
accordance with the bylaws and Election Procedures.

VIII. POSTPONENT OF AN ELECTION

a. If the Independent Election Administrator determines that

circumstances have arisen that seriously jeopardize his or her ability
to conduct an election in conformance with the approved
Neighborhood Council Election Procedures, then the Independent
Election Administrator, has the authority to postpone the election until
corrective action can be taken. In such a case, the following actions
shall be taken:

i. The Independent Election Administrator shall immediately notify the
Neighborhood Council and DONE of his or her decision to postpone the
election, and shall provide the basis for that decision including the actions
that must be taken in order to reschedule and conduct the election.

ii. The Neighborhood Council, DONE and the Independent Election
Administrator will jointly develop and take actions to inform the
stakeholders of the postponement of the election.

iii. As soon as possible, DONE will schedule a meeting before the BONC at
which time the Independent Election Administrator shall report on the
postponement, the basis for the postponement decision, and the
establishment of a new election date.

IX. CANVASS OF VOTES, ISSUANCE OF RESULTS AND RATIFICATION OF
THE ELECTION

a. The Election Procedures shall specify the process for verifying and
counting all ballots. At a minimum, the Election Procedures must:

i. Require that the Independent Election Administrator will be responsible for
tabulating the ballots and announcing the unofficial results on election
day, or as soon thereafter as possible.

ii. Require that the Independent Election Administrator verify all Provisional
and Vote-By-Mail ballots for inclusion in the Final Official Certified
Canvass of the votes.

iii. Specify that the deadline for completion of the Final Official Certified
Canvass including At- Polls ballots and any Provisional and Vote-By-Mail
ballots shall be seven (7) days after the election. The Final Official
Certified Canvass of ballots may occur on election day if there are no
outstanding ballots to be counted.

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

iv. Identify the location, date(s), and time that the election day and Final
Official Certified Canvass of ballots will occur.

v. Require that the election day and Final Official Certified Canvass activities
be open to the public for observation, provided that the observers must
not interfere with or attempt to influence the vote tabulation in any way.

vi. Specify the process for resolving tie-votes. An acceptable option will be
the drawing of straws or equivalent process to determine which candidate
will be seated.

vii. Require the Independent Election Administrator to submit a Final Election
Reconciliation Report and Official Certified Canvass, on forms provided by
DONE, to the Neighborhood Council and DONE immediately upon
completion.

viii. Require that the final election results be announced by the Neighborhood
Council and DONE immediately upon receipt of the final election results
from the Independent Election Administrator.

ix. Identify the process for ensuring that all candidates are notified of the
election results.

X. TYPES OF ELECTIONS

a. These Neighborhood Council Election Procedures identify and
discuss the requirements of four (4) basic categories of elections.
These categories are the most common types of elections conducted
but are not exhaustive of all possible types of elections.

Neighborhood Council’s and others may seek to amend these
Neighborhood Council Election Procedures through the process
outlined on Page 30.

i. Prepared Ballot Elections are elections in which the candidates file prior
to the election and are then included on a printed ballot that is distributed
to the voters at the polling location(s) on election day(s). This type of
election may or may not allow for the inclusion of write-in candidates.

ii. Prepared Ballot Election with the Vote-Bv-Mail Component Elections

are elections in which the candidates file prior to the election and are
included on a printed ballot that is distributed to and voted by the voters
either at: 1) the polling location(s) on election day(s) or 2) via the U.S. mail
or alternative delivery service. This type of election may or may not allow
for the inclusion of write-in candidates.

iii. All Vote-Bv-Mail Elections are elections conducted in which the only
voting option is using a ballot that is voted and placed in a sealed

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

envelope, which is then delivered to the election official via the U.S. mail,
private courier or hand delivery. This type of election may or may not allow
for the inclusion of write-in candidates.

iv. Same-Dav Election Format elections are elections in which the

candidates are nominated and the voting takes place on the same day
and at the same general location.

b. Same-Dav Election Format . A Neighborhood Council may choose
to conduct their governing board member elections utilizing a Same-
Day Election Format in which the nomination of candidates and voting
occur on the same day in the same general location. In addition to all
other applicable requirements outlined in this document, the Election
Procedures for a Same-Day format election must:

i. Include enhanced outreach and notification methods.

ii. Specify the candidate nomination format including:

1. The timeframe that candidate nominations will be accepted.

2. The candidate filing requirements.

3. The candidate verification process, including any provisions for
the submission of supplemental information.

4. Allowable campaigning activities and the timeframe and location
for such activities.

iii. Specify the type of ballot that will be utilized and how the baliot will be
produced after the close of candidate nominations.

iv. The activities, timeframe and roles and responsibilities for transitioning
from the candidate nomination process to the actual voting process

XI. AT POLLS VOTING

a. Except when utilizing an All Vote-By-Mail Election format, the Election
Procedures must provide for voting to be conducted at one or more
polling sites. At a minimum, the At Polls Voting section of the Election
Procedures must:

i. Designate the date(s), time the polls will be open and place(s) where the
voting wilt occur.

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

ii. Specify the voter check-in process, including any identification
requirements and acceptable means for satisfying the identification
requirements.

iii. Include the process by which voters will be informed of their right, and
offered the opportunity, to vote a Provisional Ballot if the voter’s eligibility
cannot be resolved in the voter’s favor on election day (see Page 10
below).

iv. Specify the type and format of the ballot to be issued.

v. Identify the process to allow a voter to obtain a replacement ballot if the
original ballot is spoiled or miss-marked.

vi. Identify any procedures that will be implemented to facilitate the
participation of seniors, the disabled or other special needs groups in the
election.

VOTE-BY-MAIL

a. Allowing voters the ability to cast their ballots via the Vote-By-Mail
method is an option that a Neighborhood Council may choose to
utilize. Accordingly, the Election Procedures must state whether Vote-
By-Mail will or will not be allowed. If the Vote-By-Mail option is
selected, then the Election Procedures must:

i. Provide that all stakeholders are eligible to Vote-By-Mail.

ii. Identify the process for obtaining and submitting a Vote-By-Mail
application, including when the application will be available, where to
obtain the application, the information required on the application, the
deadline for submission of the application, the address where the
application is to be mailed/delivered.

iii. Provide that any voter eligibility documentation requirements requested of
Vote-By-Mail voters must be equal to those requested of At Polls voters.

iv. Designate the Independent Election Administrator as the entity that will
process the Vote-By-Mail applications and ballots. By mutual agreement
with the Neighborhood Council and DONE, the Independent Election
Administrator may utilize the DONE offices as the designated mailing or
delivery address for Vote-By-Mail applications and ballots.

v. Provide that the Independent Election Administrator will oversee and
approve the preparation and distribution of a Vote-By-Mail application
which contains spaces for the following information:

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

1. The name and residence address, or business or organization
affiliation address of the stakeholder.

2. The name and address to which the ballot is to be mailed, if
different than the residence or business or organization affiliation
address.

3. The stakeholder/voter's signature.

4. The stakeholder status of the voter.

5. The name and date of the election for which the application is
being submitted (to be pre-printed on the application).

6. The date on or before which the application must be received (to
be pre-printed on the application).

7. The address where the application is to be mailed or delivered (to
be pre-printed on the application).

vi. Provide, at a minimum, that the Vote-By-Mail application must be
available not less than 21 days before the election and must be received
from the voter not less than seven (7) days before the election.

vii. Provide that voters who miss the 7-day Vote-By-Mail application deadline
may personally come to a designated location up to the day before the
election and obtain and vote a Vote-By-Mail ballot at that location.

viii. Provide that a stakeholder/voter's application for a Vote-By-Mail not
submitted on the prepared form will still be processed if it contains the
information in Number 5, a-e above and is received by the application
submission deadline.

ix. Provide that candidates may distribute Vote-By-Mail applications but shall
not handle the return applications or the Vote-By-Mail ballots.

x. Provide that the Independent Election Administrator, upon receipt of a
completed Vote-By-Mail ballot application on or before the submission
deadline will issue a Vote-By-Mail Ballot Package containing the following
items/information:

1. The official ballot.

2. Voting instructions on how to complete the ballot and return the
voted ballot including the submission deadline and the place(s) to
mail or deliver the completed ballot.

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

3. Instructions relative to any stakeholder/voter eligibility verification
documents that must be completed and submitted with the Vote-
By-Mail ballot. Such instructions will state that the voter may cross
out any information on the documentation they are submitting that
is not required to establish stakeholder status (e.g. on a utility bill
the voter could cross out all information, such as account number
and account balance, except their name and residence address).

4. A pre-printed return envelope containing the return address and
an affidavit to be signed by the stakeholder/voter stating “I hereby
declare under penalty of perjury that I am a stakeholder in the
[insert name of Neighborhood Council] and I herein enclose my
ballot in compliance with the Neighborhood Council Election
Procedures."

xi. Provide that once the ballot is verified for counting, the Independent
Election Administrator shall destroy the stakeholder verification
documentation. However, the Independent Election Administrator will
retain self-affirmation stakeholder statements if the Independent Election
Administrator for the At Polls Voters retains such statements.

xii. Provide that the voted ballot must be received by the close of the poll(s)
on election day (either at the designated submission mailing address or at
the polling location(s)).

xiii. Provide that lists of all persons issued a Vote-By-Mail ballot and all those
returning a Vote-By-Mail ballot must be prepared and provided to the
person(s) managing the polling site(s) for use in the voter sign-in process.

xiv. State whether or not on election day at the polling site, a voter will be
allowed to retrieve and destroy a previously submitted Vote-By-Mail ballot
and then be issued and vote a regular election day ballot.

XIII. PROVISIONAL VOTING

a. The Election Procedures must include a process whereby voters can
cast a Provisional Ballot if the voter’s eligibility to vote in the election
cannot be determined in favor of the voter at the time the voter
attempts to cast his or her ballot. This process must include the
following provisions:

i. The only acceptable basis for challenging a voter’s right to vote at the
polling site will be that the person is not a stakeholder as defined by the
Neighborhood Council bylaws or that the person was issued a Vote-By-
Mail ballot.

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

ii. If a voter is challenged on the basis that they were issued a Vote-By-Mail
ballot, the voter may surrender the un-used ballot at the polling site at
which time the voter will be issued a regular ballot.

iii. If a voter is challenged on the basis that they are not a stakeholder eligible
to vote in the election, the voter may produce any of the documentation
outlined in the Election Procedures at which time the voter will be issued a
regular ballot.

iv. If a voter cannot produce the required documentation or they cannot
surrender the un-used Vote-By-Mail ballot, then the voter will be offered
the opportunity to vote a Provisional Ballot. The Provisional Ballot will be
the same as regular ballot, except that prior to placement in the ballot box
the Provisional Ballot will be placed inside a Provisional Envelope. On the
outside of the envelope the voter will provide:

1. The voter’s name.

2. The voter's address.

3. The voter’s stakeholder status.

4. The voter’s contact numbers).

b. When a voter casts a Provisional Ballot, the voter will be issued
instructions that explain what steps the voter must take to qualify the
Provisional Ballot including documentation required to be submitted,
where the documentation is to be submitted, and a contact number to
request assistance or seek additional information. The deadline for
submission of acceptable documentation shall be three (3) days after
the election.

c. The Independent Election Administrator will be responsible for the
verification of the Provisional Ballots.

XIV. SHOW OF HANDS, VOICE VOTE AND WRITE IN VOTE

a. Show Of Hands or Voice Vote. Unless prohibited in their bylaws, a
Neighborhood Council may choose to use a Show of Hands or Voice
Vote type method instead of a printed ballot. In addition to all other
applicable requirements outlined in this document, the Election
Procedures for a Show of Hands or Voice Vote method election must:

i. Provide that the candidates for each office will be announced in a random
order based on drawing names from a hat or similar process.

ii. Specify the duration of the voting period.

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

iii. Specify who will record the votes and by what method the votes will be
recorded.

iv. Specify the process for resolving tie votes.

b. Write-in Vote. In addition to voting for candidates whose names
appear on the prepared ballot, the Election Procedures may also
allow voters to cast a vote for a certified write-in candidate by writing
in the candidate’s name in the space provided. A certified write-in
candidate is a candidate who has complied with the Election
Procedures process for becoming a certified write-in candidate.

XV. STAKEHOLDER VERIFICATION

a. All voters must be stakeholders as defined by the Neighborhood
Council’s bylaws and all stakeholders must be given the opportunity
to vote. Consistent with the Neighborhood Council bylaws, the
Election Procedures shall specify voter eligibility requirements and the
voter eligibility verification process.

b. Self-affirmation Type Verification Process . Unless prohibited by
their bylaws, any Neighborhood Council may choose to allow voters
to verify their stakeholder status through either verbal or written self-
affirmation. When utilizing this method, the Election Procedures shall
specify the wording and/or format of the verbal or written self-
affirmation to be used by the voter to verify stakeholder status.

c. Identification Type Verification Process . Unless prohibited by their
bylaws, any Neighborhood Council may choose to require that voters
provide documentation of their stakeholder status in order to vote in
the Neighborhood Council’s governing board member election. When
utilizing this method, the Election Procedures:

i. Must specify the documentation required to establish stakeholder status.

ii. Must specify reasonable alternative documentation, such as a California
Driver’s License/Identification Card, U.S. Passport, credit card containing
the person’s photograph, utility bills, business cards, imprinted checks,
post marked mail, etc., that may be used as acceptable proof of
stakeholder status.

iii. Cannot specify that picture identification (such as a California Driver’s
License/Identification Card, U.S. Passport or credit card containing the
person’s photograph) is the only acceptable means of establishing
stakeholder status.

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

iv. Cannot require greater documentation from any particular individual
stakeholder or any particular group of stakeholders.

d. The Election Procedures must identify any board seats where voter
eligibility is determined by specific stakeholder status.

e. The Election Procedures must identify the process for voter
registration including any pre-election day(s) registration process. The
Election Procedures must allow for registration on election day(s).

f. Unless a minimum voting age has already been established in the
bylaws, Neighborhood Councils should consider identifying a
minimum age for youth voting, and amend its bylaws accordingly
before proceeding with its elections.

g. If any person’s voter registration is rejected during a pre-election
registration process, that voter may request a review of that decision
by the Final Decision Makers by filing a challenge under the
provisions of the Election Challenge section. Subsequent to their
review, the Final Decision Makers will issue a final determination as to
whether the voter will be allowed to vote in the election. Challenges
to stakeholder status made during the actual election will be handled
pursuant to the Provisional Voting provisions specified in Page 10
above.

XVI. BALLOT DESIGN

a. The Independent Election Administrator will be responsible for
overseeing and approving the design of the ballot(s) to be used in a
Neighborhood Council governing board member election.

b. Relative to ballot design, the Election Procedures must:

I. Specify the size, shape and color of the ballots to be used.

ii. State any restrictions on the use of candidate titles to be used on the
ballot (e.g. number of words).

iii. Provide that the ballots will use the same size, font and color of type for all
candidate names.

iv. Provide that the ballots will use the same size, font and color of type for all
candidate titles.

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

v. Provide that any transliteration of candidate names or translation of
candidate titles shown on the ballot shall be provided uniformly for all
candidates.

c. The ballots may be colored or numbered in such a manner as to
facilitate control and guard against fraud.

d. Ballots may be numbered in such a way that a specific ballot can be
tracked to a specific voter through the registration or sign-in forms.
This ballot identification process is to be used solely by the
Independent Election Administrator or the Final Decision Maker to
facilitate resolution to election challenges. If such a ballot numbering
or other tracking system is used, the voters must be so informed,
either on the ballot or within the instructions or sign-in forms, that the
Independent Election Administrator or the Final Decision Maker will
be the only ones permitted to review both documents and to do so
solely for the purpose of resolving formal challenges to the election.

e. The candidates for each office will be placed on the ballot in random
order based on drawing names from a hat or similar process.

f. Voter instructions will be included on the ballot or accompanying
material to assist the voter in completing the ballot correctly

XVII. CAMPAIGNING

a. The Election Procedures shall specify any restrictions and/or
prohibitions relating to campaigning. Such restrictions and/or
prohibitions should not be designed to unfairly assist or harm specific
candidates.

b. A copy of the Election Procedures including any restrictions and/or
prohibitions relating to campaigning shall be provided to the candidate
at the time of filing and subsequently upon request.

c. The use of the City Seal, DONE logo, or any DONE created official
Neighborhood Council designation on candidate materials is
prohibited.

d. The governing board of a Neighborhood Council, acting in their official
capacity as the governing board, is prohibited from endorsing or
campaigning for any candidate or group of candidates running for the
governing board of a Neighborhood Council. This provision does not
restrict the right of individual governing board members, acting as
individual stakeholders, or any other stakeholders, from endorsing or
campaigning for any candidate or group of candidates.

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

e. No City facilities, equipment, supplies or other City resources shall be
used for campaigning activities except as provided below. City
facilities may be used (1) to hold a candidate forum sponsored by a
Neighborhood Council; (2) to hold a Neighborhood Council election;
or (3) if the individual has obtained approval from an authorized
representative of a City Department or Commission (if managing a
Department) for use of the facility.

f. City resources may be used by a Neighborhood Council for
communicating with voters through the printing and mailing of a voter
information pamphlet which includes candidate statements and/or the
posting of candidate statements on its website. To the extent that the
Neighborhood Council provides candidate statements to the voters or
neighborhood council mailing lists to candidates, candidates shall be
given access in a timely and uniform manner.

XVIII. POLLING PLACE OPERATIONS

a. For Neighborhood Councils using an election format that utilizes one
or more polling sites, the Election Procedures must:

i. Require that the selection process for the polling site(s) will include the
following considerations:

1. The site(s) selected must be of sufficient size to accommodate
the voter sign-in process, actual voting, and any allowable
candidate/campaign activities.

2. The site(s) selected should have sufficient parking.

3. The site(s) selected should be convenient for those utilizing public
transportation.

4. The site(s) selected must be accessible for the disabled or
procedures must be in place to accommodate disabled voters
(see below).

b. Require that procedures be established to accommodate disabled
voters if the polling site is not accessible (e.g. having ballot delivered
to the voter outside of the polling site by an authorized polling place
worker).

c. Require that the certified or post certification amended bylaws and
approved Election Procedures be posted at the polling site for
stakeholder review.

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

d. Require that a list of any certified write-in candidates be posted
conspicuously in the polling site(s).

e. Specify what campaigning type activities, if any, will be allowed at the
polling site and the location and duration of such activities. Examples
include: candidate speeches, nomination sessions, posting of
candidate statements, etc.

f. Specify where electioneering activities are allowed in relation to the
polling place. The Neighborhood Council should consider walls,
fences or other barriers in establishing the distance for allowable
electioneering.

g. Require the posting of signage that marks the boundary where
electioneering activities are prohibited.

h. Require that the polling site(s) remain open for a minimum of four (4)
hours.

i. Require that the Independent Election Administrator announce in a
loud voice in front of the polling site(s) at the appointed time that the
polls are open.

j. Require that the Independent Election Administrator announce in a
loud voice in front of the polling site(s) 10 minutes before the close of
polls that the polls will close in ten (10) minutes.

k. Require that any persons in line outside of the poll at the time of the
closing of the polls will be allowed to vote.

l. Require that observers will be allowed inside the polling site
throughout the election, provided that the observers do not, in any
way, attempt to interfere with or influence the activities of the polling
place workers or the voters.

m. Require that only the Independent Election Administrator or his or her
assistants be allowed to issue, receive or process ballots from the
voter.

n. Require that interpreters be available to assist voters who require
assistance in a language other than English if a substantial segment
of the Neighborhood Council stakeholders are monolingual non-
English speakers.

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

o. Allow a voter to designate another person to assist them in the voting
process. The person providing the assistance cannot be a candidate
in the election.

XIX. CANDIDATE FILING PROCESS

a. At the time of filing to run in the election, a candidate must be a
stakeholder eligible to run for, and hold, the specific office for which
the candidate is filing. The Election Procedures for all categories of
elections must specify the process for declaring candidacy; including
at a minimum the provisions listed below. Same-day format elections
must also comply with the provisions in Page 6, Number 2 above.

b. The location(s), filing period and deadlines for filing for candidacy to
have the candidate’s name printed on the ballot. Except for Same-
day format elections, the deadline for filing for candidacy to have a
candidate’s name printed on the ballot must be at least 30 days
before the election.

c. The process and deadlines for verifying the candidates’ eligibility and
issuing certification for inclusion in the election, including:

i. The required elements of the candidate filing application package.

ii. The specific documentation required to establish stakeholder status.

iii. A Neighborhood Council’s Election Procedures cannot specify that picture
identification (such as a California Driver’s License/Identification Card,
U.S. Passport or credit card containing the person’s photograph) be the
only acceptable means of establishing stakeholder status.

iv. The person(s) responsible for verifying a candidate’s eligibility and
certifying that a candidate has been accepted for inclusion in the election.

v. The timeframe for completing the candidate verification and certification
process.

vi. The type of receipt that will be issued to the candidates that their filing
application has been accepted for processing and the type of
documentation that will be issued to the candidates certifying or rejecting
them for inclusion in the election.

vli. The disposition of the candidate filing documents.

d. Unless prohibited by its bylaws, any Neighborhood Council may
choose to allow for write-in candidates. If write-in candidates are
permitted, the Election Procedures must specify the process for

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

becoming a write-in candidate. The write-in candidate process must
include at a minimum:

i. The time frame for filing to become a certified write-in candidate. The
write-in candidate filing period may begin as early as the end of the
regular candidate filing period but must not terminate any later than the
opening of the polls on election day.

ii. The required elements of the write-in candidate filing application package.

iii. The specific documentation required to establish stakeholder status.

iv. A Neighborhood Council’s Election Procedures cannot specify that picture
identification (such as a California Driver’s License/Identification Card,
U.S. Passport or credit card containing the person’s photograph) be the
only acceptable means of establishing stakeholder status.

v. The documentation required of write-in candidates must be equal to that
of the regular candidates.

vi. The person(s) responsible for verifying a candidate's eligibility and
certifying that a candidate has been accepted for inclusion in the election
as a write-in candidate.

vii. The timeframe for completing the write-in candidate verification and
certification process.

viii. The type of receipt that will be issued to the candidates that their filing
application has been accepted for processing and the type of
documentation that will be issued to the candidates certifying or rejecting
them for inclusion in the election as a write-in candidate.

ix. The provision that the candidate verification process for write-in
candidates may occur after the election if the write-in candidate filing time
frame does not allow for the verification to be completed before the
election. Provided, however, that a write-in candidate that is elected
cannot be seated until the verification process is completed.

x. The disposition of the write-in candidate filing documents.

e. If the Independent Election Administrator rejects a candidate’s filing
application, that candidate may request that the Final Decision
Makers review their candidate filing application by filing a challenge
under the provisions of the Election Challenge section. Subsequent
to their review, the Final Decision Makers will issue a final
determination as to whether the candidate will be allowed to run for
office.

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

f. The Neighborhood Council shall publicize the opportunity to be a
candidate for the governing body of the Neighborhood Council for a
period that is not less than 30 days, and shall hold open the
candidate-filing period for a minimum of 30 days (these two periods
may run concurrently). However, if the Election Procedures do not
allow for write-in candidates, then the following additional candidate
filing outreach requirements must be met:

i. The candidate filing period must remain open a minimum of 45 days.

ii. The Neighborhood Council must hold at least two (2) candidate
information meetings within that 45-day period.

g. The process by which the updated list of certified candidates is to be
publicized throughout the filing period. At a minimum the updated list
of certified candidates must be posted at the official Neighborhood
Council posting locations within three (3) days of any candidate being
certified and final list of certified candidates must be issued and
posted within three (3) days of the close of candidate filing.

XX. TRANSLATION & INTERPRETATION SERVICES

a. A Neighborhood Council, in which a substantial segment of the
population is monolingual non-English speaking, is required to give
notice, provide election material, and arrange for interpretation
services at meetings where election information is provided and at the
election itself, in the appropriate language(s).

XXI. PUBLIC OUTREACH AND NOTICE OF ELECTION

a. The Election Procedures shall identify the process for outreaching to
and notifying stakeholders about election related activities and events.
DONE approval of the outreach component of the Election
Procedures will be dependent on inclusion of methods appropriate for
the type of election to be held and appropriate to reach all segments
of stakeholders in the Neighborhood Council.

b. Upon approval of the Election Procedures, the Neighborhood Council
must begin informing stakeholders about the election process by
complying with the following minimum outreach requirements
pursuant to the type of election being conducted.

c. 60 Day Outreach and Notification Requirements (agglicable to alj
categories of elections ) . Not less than 60 days prior to the election,
the Neighborhood Council shall:

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

i. Hold one (1) noticed public meeting to provide information about the
Neighborhood Council and to discuss and distribute the election
procedures, voter registration forms and other pertinent election
information.

ii. Provide at least one (1) mass distribution of a general information flyer
containing at a minimum the following information:

1. The name and general purpose of the Neighborhood Council and
announcement of the upcoming Board Member elections.

2. Definition of a stakeholder as defined by the Neighborhood
Council bylaws.

3. The date(s), hours and location^) of the election.

4. The opportunity and process for becoming a candidate.

5. Voter eligibility requirements.

6. Vote-By-Mail process (including application and ballot submission
procedures) - Note: only required if utilizing the Vote-By-Mail
voting option.

7. Upcoming election related meetings.

8. Sources to obtain additional information.

9. Post the election information contained in the general information
flyer along with a contact telephone number at the Neighborhood
Council’s currently authorized posting locations.

iii. Between the period of 60 and 30 days before the election, post candidate
filing and other related election information and deadline dates along with
an information contact telephone number at the Neighborhood Council’s
currently authorized posting locations.

d. 30 Dav Outreach and Notification Requirements (applicable to aU
categories of elections) . Not less than 30 days prior to the election,
the Neighborhood Council shall:

i. Hold one (1) publicly noticed candidate informational meeting to explain
the establishment of, function of and opportunity to serve on the governing
body. At the meeting, the Neighborhood Council shall distribute copies of,
and provide training related to:

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

1. The bylaws

2. Election Procedures

3. Candidate and voter registration forms (if applicable)

4. Candidate filing and verification of eligibility requirements for
placement on the ballot

5. Write in candidate procedures

6. Campaigning procedures and any campaigning restrictions

7. Requirements upon winning office, and

8. Any other information the Neighborhood Council determines
would be useful.

e. 21 Pay Outreach and Notification Requirements [agglicable only
for elections utilizing, the Vote-Bv-Mail voting option) . Not less
than 21 days prior to the election the Neighborhood Council shall:

i. Provide at least one (1) mass distribution of an election information
reminder flyer containing at a minimum:

1. The date(s), time, place(s) of the election

2. The candidates that will appear on the ballot

3. Vote-By-Mail application and ballot submission process

4. Write-in candidate procedures

5. Contact numbers for obtaining additional information

f. 7 Day Outreach and Notification Requirements (agglicable for all
categories gfetecrions except those utilizing the vote-bv-mail
component) Not less than 7 days prior to the election the
Neighborhood Council shall:

i. Provide at least one (1) mass distribution of an election information
reminder flyer containing at a minimum:

1. The date(s), time, place(s) of the election

2. The candidates that will appear on the ballot

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

3. Write-in candidate procedures

4. The Same-Day nomination process (if applicable), and

5. Contact numbers for obtaining additional information.

XXII. RESOLUTION OF CHALLENGES

The Election Procedures will include a process for handling election disputes or
challenges and must include the following provisions:

a. Recount of Votes Cast

i. Provide that any stakeholder may request a recount of a specific contest
or the entire election results within five (5) days of the completion of the
Final Official Certified Canvass by the Independent Election Administrator
by filing a written request with DONE. For a recount to be accepted for
action, (a) the number of votes separating the candidates must be 10% or
less of the total votes cast in that specific contest, and (b) the stakeholder
filing the request must provide the same stakeholder status verification
required of voters in the election.

ii. Require that the Independent Election Administrator conduct the recount
within five (5) days of receipt from a stakeholder by DONE of the written
request for a recount.

iii. Require that public notice of the location, date and time of the recount be
posted at the Neighborhood Council’s required notice sites a minimum of
24 hours before the recount is to take place and that the person(s)
requesting the recount be provided individual notice within the same time
frame.

iv. Require that the recount be open to public observation, provided that
observers must not interfere with or in any way attempt to influence the
persons conducting the recount.

v. Require that the Independent Election Administrator certify the recount
results to the Neighborhood Council and DONE immediately upon
completing the recount.

vi. Require that the certified recount results be announced by the
Neighborhood Council and DONE immediately upon receipt of the
certified recount results from the Independent Election Administrator.

b. Election Challenges

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

i. Provide that any stakeholder, who submits the same stakeholder
documentation required of the voters in the election, may file a challenge
to the conduct of the election no later than five (5) days of the completion
of the Final Official Certified Canvass by the Independent Election
Administrator by filing a written request with DONE. The written request
must:

1. Identify the basis for the challenge to the election.

2. Identify the person(s) issuing the challenge.

3. Provide contact information for the person(s) issuing the
challenge.

ii. Provide that from a pool of Final Decision Makers which is composed of
stakeholder representatives from the Neighborhood Councils, DONE
shall, on a rotational basis, select a minimum of three (3) of the members
from the arbitration pool to act as the Final Decision Makers and conduct
the specific election challenge review and issue final findings. The
members selected cannot have participated in the conduct of the election
in any way nor have any vested interest in the outcome of the election
challenge. It will be the responsibility of each Neighborhood Council to
select one or more of its stakeholder members to be submitted to the pool
of Final Decision Makers. The selected stakeholders do not need to be
governing board members of the Neighborhood Council.

iii. Upon DONE’s selection, DONE will immediately submit the election
challenge to the Final Decision Makers which will conduct the review and
issue final findings with respect to an election challenge.

iv. Provide that DONE will maintain and update, as necessary, a file of the
members of the Final Decision Makers’ pool. Both the file of the pool
members and the assignment of election challenges to the Final Decision
Makers will be a matter of public record.

v. Provide that DONE may, with the concurrence of the Neighborhood
Council, engage the services of another person(s) or organization to act
as the Final Decision Maker if a Final Decision Makers cannot be obtained
from the pool of Neighborhood Council stakeholder representatives. The
back-up Final Decision Makers selected cannot have participated in the
conduct of the election in any way nor have any vested interest in the
outcome of the election challenge. A list of the persons or organizations
pre-qualified to act as a back-up Final Decision Makers will be published
by DONE on its web site and/or through other appropriate methods.

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

vi. Require that to serve as the Final Decision Makers, the person(s) or
organization selected must have attended a training program conducted
by DONE.

vii. Require that public notice of the receipt of an election challenge be posted
at the Neighborhood Council's required notice sites at the time the
election challenge is submitted to the Final Decision Makers and that the
person(s) submitting the election challenge be provided individual notice
within the same time frame.

viii. Require that the Final Decision Makers complete the review and issue the
final findings to DONE within 30 days of receipt of the election challenge
from DONE. If circumstances arise such that the review and issuance of
findings cannot be completed in 30 days, the Final Decision Makers may
utilize up to a maximum of two additional 15-day review periods. The
Final Decision Makers will submit a notice to DONE identifying the
reasons for the delay prior to initiating each review period extension.

ix. Require that the findings of the Final Decision Makers will be final and
binding on the Neighborhood Council.

x. Immediately upon receipt of the findings of the Final Decision Makers,
DONE will work with the Neighborhood Council to begin implementing the
findings, as necessary, of the Final Decision Makers.

c. Seating of Elected Board Members

i. Provide that newly elected governing board members will not be seated
pending the final results of a recount or an election challenge. The
incumbent Board members will continue in their duly elected/appointed
positions until the election challenge is resolved.

d. Governing Board Member Seats Not Filled Through The Election

i. Any governing board member seat(s) that is not filled through the election
process will be deemed vacant when the new governing board takes
office. The vacant seat(s) will be filled according to the bylaws of the
Neighborhood Council.

e. Elected Board Member Contact Information

i. Within seven (7) business days of the announcement of final election
results, the Election Committee must submit the names, candidate/board
member stakeholder affiliation, board seat, public contact information, and
private contact information (if available) for each newly elected board
member. All information must be submitted on the form prescribed by
DONE.

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

XXIII. DISPOSITION OF ELECTION RECORDS

a. The Independent Election Administrator shall retain all election
materials including ballots, voter rosters, candidate filing documents,
voter registration forms, etc. until the period for requesting a recount
or filing a challenge has passed, or if a recount request or an election
challenge is filed, until those processes are concluded.

b. In the case of an election challenge, the Independent Election
Administrator shall make the election materials available to the Final
Decision Maker upon request.

c. At the conclusion of the recount and election challenge resolution
period, the Independent Election Administrator shall turn all election
materials over to the Neighborhood Council. The Neighborhood
Council shall then retain the election materials for a period of six (6)
months, after which they shall be destroyed.

d. If the ballot design and the voter registration allows for a ballot to be
tracked to an individual voter, then the Independent Election
Administrator will permanently redact the tracking information from the
actual ballots prior to handing over the election materials to the
Neighborhood Council.

XXIV. PROCESS TO SEEK AMENDMENT TO THESE ELECTION PROCEDURES

a. Amendment Requests Initiated by a Neighborhood Council, a
group of Neighborhood Councils, or Stakeholders . If a

Neighborhood Council, a group of Neighborhood Councils, or one or
more Neighborhood Council stakeholders wishes to propose
amendments to these Neighborhood Council Election Procedures by
modifying or deleting existing procedures or by adding new
provisions, the following process will be used:

i. A written request will be submitted to DONE. The written request shall:

1. Identify the specific modification, deletion or addition that the
proponents) is seeking.

2. Provide justification for the proposed change.

3. Provide any documentation that supports the proposed change
(e.g., evidence from an election where the existing provisions of
the Neighborhood Council Election Procedures hindered the
conduct of a fair and inclusive election, where existing provisions

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

did not adequately address particular circumstances that arose
during the conduct of an election, etc.).

ii. Within 30 days of receipt of the request, DONE will forward the proposed
amendment to BONC and may draft a Staff report. This report may
include, the proposed amendment, a recommendation to either support (in
whole or in part) or reject the proposed amendment, any alternative
recommendation(s), justification for the DONE recommendation(s), and
any documentation supporting the DONE recommendation(s).

iii. Any report issued by DONE will be widely disseminated to all
Neighborhood Councils and also be made available to the general public.

iv. As soon as practical, BONC will schedule one or more public hearings on
the proposed amendment. At the conclusion of the public hearing(s), and
after gathering any additional information it deems necessary, BONC will
issue a decision on the proposed amendment.

b. Amendment Requests Initiated bv DONE

i. Proposed amendments to the Neighborhood Council Election Procedures
initiated by DONE shall follow the process outlined on this page, Number
1, b) through d) above.

c. Amendment Requests Initiated bv Another City Agency

i. Proposed amendments to the Neighborhood Council Election Procedures
initiated by a City Agency other than DONE shall follow the process
outlined on this page, Number 1 above.

d. Amendments Initiated bv BONC

i. The BONC, or any of its members, may also initiate an amendment(s) to
the Election Procedures. Prior to making a decision to amend the Election
Procedures, BONC shall hold at least one noticed public hearing on the
proposed amendment. At the conclusion of the public hearing(s), and after
gathering any additional information it deems necessary, BONC will issue
a decision on the proposed amendment.

NEIGHBORHOOD COUNCIL ELECTION PROCEDURES

Neighborhood Council Guidelines for Hosting City Candidates

Questions have arisen about the conditions under which candidates may appear at
Neighborhood Council meetings. Neighborhood councils may wish to provide a forum for
candidates to provide information to voters. However, there are various laws including the First
and Fourteenth Amendments of the Constitution, California Penal Code §§ 424, 524 and court
decisions that limit or otherwise restrict the use of public resources in relation to election matters.
The California Supreme Court in Stanson v. Mott (1976) 17 Cal.3d 206 at 217 provided the general
guiding principle prohibiting the use of public funds and resources in election matters: "A
fundamental precept of this nation's democratic electoral process is that the government may not
'take sides' in election contests or bestow an unfair advantage on one of several competing
factions. A principal danger feared by our country's founders lay in the possibility that the holders
of governmental authority would use official power improperly to perpetuate themselves, or their
allies, in office [citations]; the selective use of public funds in election campaigns, of course, raises
the specter of just such an improper distortion of the democratic electoral process." The court
also stated that “judicial reluctance to sanction the use of public funds for election campaigns rests
on an implicit recognition that such expenditures raise potentially serious constitutional questions."
Id. at 216.

Because of the risks associated with hosting candidates in City sponsored forums or other
venues, the City has generally left this activity to private sponsors. We note that Channel 35 will
be providing election information, including some candidate information, during the City election
cycle. However, if a neighborhood council has already hosted a candidate or wishes to consider
hosting candidates at its meetings notwithstanding the resulting legal risks associated with doing
so, both to the City and neighborhood council boardmembers personally, we offer the following
general guidance.

The overriding principles that must be adhered to in providing a venue for prospective
candidates during the election are that public resources may not be used for “campaign activity”
and may only be used to provide neutral, balanced information, and that all candidates must be
provided with an equal and fair opportunity. Individuals with concerns or complaints about how a
neighborhood council has handled City candidate(s) should consult with their own private counsel

Limitations on Neighborhood Councils as Candidate Forums

A candidate may speak to a neighborhood council in the following circumstances:

1) During the public comment portion of a publicly noticed neighborhood council meeting.

All such candidates wishing to speak must be provided the same opportunity to do so.

2) On a specific policy matter appearing on the neighborhood council agenda. All such
candidates wishing to speak must be provided the same opportunity to do so.

3) At a candidate forum where all candidates for a particular race are present at the same
time hosted by the neighborhood council following the guidelines set forth below.

4) At a series of neighborhood council meetings where all candidates are not present at the
same time provided that the neighborhood council invites all candidates for that race (i.e.

Mayor) and treats all candidates fairly and equally as set forth below. This would be
included on the agenda as a Discussion with Candidate (name).

4) The candidates may not seek any contributions at a neighborhood council meeting.

Fair and Equal Access & Format

1) With any format, all candidates for that race must be invited with sufficient notice.
Please note that the City Clerk has a list of ail candidates that will appear on the ballot.

2) The format of your candidate forum will play a significant role in ensuring that it
remains non-partisan and that candidates are treated fairly and equally. Nothing that you
do can show preference for one candidate over another. Several points are important to
remember.

a) Invite candidates to your forum/meeting with sufficient advance time and provide
the invitations at the same time.

b) Give each speaker the same amount of time to speak and/or answer questions.
Be clear about time limits with the candidates before the event starts, and stick
strictly to the limits so no one gets shortchanged.

c) Provide candidates with the same or similar seating.options in terms of type and
location.

d) Do not intervene, directly or indirectly, on behalf of a particular candidate.

e) Use an unbiased means to determine speaking or appearance order (e.g.,
drawing straws, alphabetical order).

f) Choose a moderator who will ask the questions and make sure that person uses
the same wording for each candidate. Your moderator must be unbiased. If you want
to take questions from the audience, give people index cards to write them on. The
candidates should be given the same number of questions.

3) In order to encourage an informed electorate, it is necessary that persons who have
limited English proficiency be offered an opportunity to obtain information regarding
the candidates and election procedures. Neighborhood councils should distribute a
copy of the candidate contact information in all languages (attached) at

their meetings where the candidates will be participating.

4) Neighborhood councils should not depart from these guidelines, should not co¬
sponsor any private candidate forums, and should not permit any fundraising
activities at neighborhood council meetings. In addition, if using public funds, a
neighborhood council may not mail, including email, more than 200 invitations or
flyers referencing any candidate. However, you may mail a Neighborhood Council
agenda to those on your mailing list.

8. Summary of Legal Advice

SUMMARY OF CITY ATTORNEY ADVICE REGARDING
NEIGHBORHOOD COUNCILS

Table of Contents

1. Statutory Laws pertaining to Neighborhood Councils

a. The Brown Act

b. The Political Reform Act

c. The ADA Act

d. The Public Records Act

2. Participation on Neighborhood Councils

a. Ability to further define Charter Terms

b. Voting Rights / Participation

c. Lobbyists

d. Incompatible Offices

e. Elected City Officials

f. Faith Based Organizations

3. The Responsibilities and Procedure of Neighborhood Councils

a. Legal Immunities /Liabilities

b. Election Systems

c. Supporting Political Candidates

d. Motion for Reconsideration

e. Appeals

f. Invocations, Prayers, or “Moments of Inspiration”

g. Quorums

h. Advertising

i. Use of the City Seal

j. Nonprofit Corporations

1. Statutory Laws Pertaining to Neighborhood Councils

a. Neighborhood Councils and the Brown Act

The Brown Act, which seeks to ensure that actions by local government are
taken openly, applies to all “legislative bodies” of local agencies. Government
Code § 54950, et seq. These legislative bodies include advisory bodies “created
by charter.” Government Code § 54952(b). Since Neighborhood Councils are
given power by the Los Angeles City Charter (Charter § 906), and were intended
to be advisory (Charter § 900), the councils fit within the purview of the Brown
Act.

(See City Atty. letter to Rosalind Stewart dated November 16, 2000, pp. 1-2; City Atty. Opinion to
The Honorable Education and Neighborhoods Committee, Opinion 2004:8, pp. 2-12.)

Committees Under the Brown Act

Standing committees, whether comprised of a majority of the members of the
governing board of neighborhood councils or not, are subject to the Brown Act.
Gov’t Code § 54952(b). This includes regular meetings of an executive
committee that meets to create the agenda for the Neighborhood Council’s
regular meetings. Because of the regularity and frequency of these meetings,
and the fact that the committee is not an ad hoc committee, the meetings require
Brown Act compliance.

By comparison, advisory lad hoc committees are exempt from the Brown Act if
they: (1) are comprised solely of members of the governing body, (2) comprised
of less than a quorum of the governing body, (3) are not comprised of individuals
other than the members of the governing body, and (4) have a fixed schedule
and defined purpose so that the advisory committee does not look like a standing
committee.

Committees formed by individual members of the public, i.e., committees that are
not ratified or formed by the governing body, or advisory committees formed by
an individual officer that report separately to the officer, and again, were not
formed by the governing body, nor reports to the governing body are exempt
from the Brown Act.

(See Memorandum entitled “Brown Act Advice and Neighborhood Council committees” dated
Oct. 1, 2001; Memorandum entitled “Brown Act and Agenda Requirement” dated Sept. 4, 2003)

Retreats

The Brown Act also applies to Neighborhood Council “retreats” since these are
also meetings. See The Brown Act: Open Meetings for Local Legislative Bodies,
2003 booklet published by the California Attorney General’s Office. A meeting is
defined under the act as “any congregation of a majority of the members of a

legislative body at the same time and place to hear, discuss, or deliberate upon
any item that is within the subject matter jurisdiction of the legislative body or the
local agency to which it pertains.” Gov’t Code § 54952.2(a). Since retreats are
considered meetings under the Act, such retreats must conform with the Act’s
location requirements, and must “be held within the boundaries of the territory
over which the local agency exercises jurisdiction.” Gov’t Code Section 54954.

(See Memorandum entitled “Retreats and Neighborhood Councils” dated March 11,2004)

General Brown Act Requirements.

Since the Brown Act applies to the Neighborhood Councils, Council meetings
must be open (§54953.3); agendas of meetings must be posted 72 hours in
advance for regular meetings and 24 hours in advance for special meetings (§§
54954.2 and 54956); at the meeting the legislative body is limited to acting on the
matters on the agenda (§ 54954.2); members of the public must be given an
opportunity to speak to the legislative body on agenda items and non agenda
items within the jurisdiction of the legislative body (§ 54954.3); no secret ballots
or deliberations are permitted (§ 54953); and agendas of public meetings and
any other distributed writings are disclosable public records and shall be made
available upon request without delay (§ 54957.5).

(See City Atty. letter to Rosalind Stewart dated November 16, 2000, pp. 4-5; City Attorney
Opinion No. 2004:8.)

Options for Removing Neighborhood Councils From the Purview of the
Brown Act

There are two alternatives that would allow a Neighborhood Council to be
exempted from all or portions of the Brown Act. First, the Charter and City
ordinances could be amended to eliminate the current legal framework for
Neighborhood Councils. The Neighborhood Councils could then reconstitute as
private, non-profit corporations under Section 501(c) of the Internal Revenue
Code, in order to fall within the existing Brown Act exemption. Government Code
§ 54952(c).

Secondly, the City may pursue an amendment to the Act itself, or other
legislation that would exempt Neighborhood Councils from the Brown Act. In the
past, school advisory councils and committees have been given legislative
exemption from the Brown Act. See Cal.Educ.Code § 35417.

(See City Atty. Opinion to The Honorable Education and Neighborhoods Committee, Opinion
2004:8, pp. 12-17.)

b. Neighborhood Councils and the Political Reform Act

The Political Reform Act prohibits a “public official” from making, participating in
making or attempting to use his or her official position to influence any
government decision if it is reasonably foreseeable that the decision will have a
material effect on the official’s economic interests. Government Code §§ 87100
and 87103. The Act applies to “local government agencies]” including city
boards, commissions, etc. Gov't Code § 82041. Because Neighborhood Councils
are formed by the City Charter, are substantially funded by the City, provides
services and undertake obligations that public agencies are legally authorized to
perform, and are officially certified and recognized by the City, the councils are
likely local government agencies, and the Act applies to them.

(See City Atty. letter to Rosalind Stewart dated November 30, 2000, pp. 1-6; City Attorney
Opinion 2004:7.)

Neighborhood Councils and Government Contracts Under Gov’t Code
Section 1090.

The “officers or employees” of state and local government agencies are
prohibited from being “financially interested in any contract made by them in their
official capacity.” Government Code § 1090. Section 1090 has been held to apply
to “members of advisory bodies if they participate in the making of a contract
through their advisory function.” Conflicts of Interest, California Attorney
General’s Office (1998), pp. 46-47. In addition, § 1090 extends not only to a
formal decision to enter into a contract, but also to the overall process of
negotiating and considering a contract. Millbrae Assn, for'Residential Survival v.
City of Millbrae (1968) 262 Cal.App.2d 222, 237. Thus, members of
neighborhood councils will be subject to § 1090 requirements if and when they
contract for goods and services, and/or they advise a City agency concerning
whether or not that agency should enter a contract or regarding specific contract
provisions.

(See City Atty. letter to Rosalind Stewart dated November 30, 2000, pp. 8-9; Memorandum
entitled "Conflict of Interest and Neighborhood Councils” dated September 28, 2001)

c. Neighborhood Councils and the ADA Act

Title II of the Americans With Disabilities Act prohibits discrimination on the basis
of disability by public entities. 42 U.S.C. § 12131 et seq. All services, programs
and activities of a public agency must be made readily accessible and usable by
disabled individuals. Title II extends to services, programs and activities by local
governments or any of their instrumentalities. Since neighborhood councils can
be considered instrumentalities of local government, the neighborhood councils
must ensure that their meeting sites are accessible and that their
communications can be accessed through assistive devices.

(See City Atty. Letter to Rosalind Stewart dated April 5, 2001, pp. 1 -2.)

d. Neighborhood Councils’ Databases and the Public Records Act

The California Public Records Act (the “Act”) requires the disclosure of public
records. Gov’t Code § 6250 et seq. The Act broadly defines a “public records” to
include information “relating to the conduct of the public’s business prepared,
owned, used or retained by any state or local agency regardless of physical form
or characteristics.” Gov’t Code § 6252(e). Public records may exist in either
written or electronic form. Gov’t Code § 6252(f).

Several neighborhood councils use databases to facilitate their operations, such
as communicating with and conducting outreach to stakeholders. These
databases contain names and addresses of stakeholders, compiled through a
variety of means, including sign-up sheets, or by stakeholder or voter registration
materials.

Some neighborhood councils have received requests under the Act from third
parties for their databases. Although it is possible that a Neighborhood Council
database constitutes a public record, it is likely that the database falls into two
exemptions under the Act, and therefore, does not need to be disclosed.

First, the databases could fall into the “Personnel, Medical or Similar Files”
exemption under the Act. Gov’t Code § 6254(c). Courts have applied the “similar
files” exemption to protect databases comprised of personal information from
> disclosure. See United States Dep’t of Defense v. FLRA (1994) 510 U.S. 487,

502. In addition, it is likely that the disclosure of the databases would “constitute
an unwarranted invasion of personal privacy,” as required by the Act. Gov’t Code
§ 6254(c). Courts have balanced the interests in favor of withholding lists of
names and contact information. National Ass’n of Retired Fed. Employees v.
Horner (1989) 879 F.2d 873, 879.

Second, the Act also allows for exemption if the record in question meets a
balancing test, or “catchall” exemption. Gov’t Code § 6255. Under this test,
privacy interests may be balanced against the interest in disclosure, an analysis
similar to Section 6254(c). Courts have upheld the government’s decision to
withhold public records containing personal contact information when the public
interest in nondisclosure clearly outweighed the public interest in disclosure. See
City of San Jose v. Superior Court (1999) 74 Cal.App.4th 1008.

(See City Atty. letter to Greg Nelson dated Dec. 6, 2004, pp. 1-11).

Public Records Act and Interim Neighborhood Council Boards

Under the Act, the focus is on establishment of the agency. While the point in
time that the legislative body and the agency are established may be the same,
that point in time may also vary depending upon the facts of the case. Under the
Act, the test of whether the Act applies is NOT based on the functional ability of
the certified Neighborhood Council to act or be up and running with an elected

board, but is based on whether the Neighborhood Council is a “local agency.”
The term “local agency” is defined broadly under the Act and includes any board,
commission, or agent of a chartered city. After certification, the Neighborhood
Council is subject to the Act because it is now officially related to the City of Los
Angeles. Thus, regardless of whether the Neighborhood Council has conducted
its initial election or not, does not undermine the applicability of the Act.

(See Memorandum entitled “Application of Public Records Act upon Certification of NC” dated
Jan.16,2003)

Public Records and Election Materials

Marked ballots from Neighborhood Council elections are exempt from disclosure.
However, voter registration forms used in Neighborhood Council elections are
subject to limited disclosure: the voter’s name and information on voter
registration forms other than the voter’s telephone number and home address
may be disclosed.

(See Memorandum to the Neighborhood Council Election Procedures Working Group, dated
March 30, 2004.)

2. Participation on Neighborhood Councils

a. Neighborhood Councils’ ability to further define Charter Terms to
Identify its Stakeholders /

The Charter defines a stakeholder as “everyone who lives, works or owns
property in the area.” Charter § 906(a)(2). The Plan for a Citywide System of
Neighborhood Councils (“Plan”) expands upon the Charter’s vision by allowing
community stakeholders to include a variety of organizations and institutions.
Plan, Art. II.

A neighborhood council may not define the Charter terms in order to further
define its stakeholders. The Charter provisions dealing with a system for
neighborhood councils were specifically designed to allow the greatest degree of
participation. Any effort to further define or refine the terms set forth in the
Charter must be reasonably consistent with those terms, their use in the Charter
and the interest manifested by the context in which they are found.

It is the role of the legislative body to further clarify and refine legislation. Carson
Mobilehome Park Owners’ Assn. v. City of Carson (1983) 35 Cal. 3d 184,190.
While the Charter delegates some functions to the neighborhood councils, under
certain limited circumstances, performing legislative functions is not one of them.
Charter § 908. Thus, any refinements to the language of the Charter should be
accomplished by amending the Plan and the Ordinance, or by the Commission
(the Board of Neighborhood Commissioners) establishing rules and policies.

(See City Atty. Opinion to Greg Nelson, opinion 2002:7, pp. 1-4.)

b. Voting Rights/Participation of Stakeholders

Since the Charter defines a stakeholder as “everyone who lives, works and owns
property”, Neighborhood Councils may not require stakeholders to be United
States citizens, nor restrict convicted felons or undocumented (illegal) aliens from
participating in their Neighborhood Council, either by running for a board seat or
voting for board members.

However, because minors are statutorily incompetent to engage in certain
activities, Neighborhood Councils may restrict eligibility to run for a board seat or
vote in Neighborhood Council elections to adults, i.e. persons who are 18 years
or older. Since Neighborhood Councils may engage in decisions to hire staff,
spend public funds, and enter into contracts for goods and services, a youth
member of a board would be required to have the degree of maturity and
responsibility to exercise the right to vote and to exercise the responsibilities that
this position carries. Thus, limiting eligibility to those whom are 18 years or older
is a reasonable requirement.

However, in the spirit of inclusiveness that the Plan envisions, a neighborhood
council could provide non-voting status on the governing board for youth
constituencies or otherwise provide for youth participation.

(See City Atty. letter to Greg Nelson dated Jan. 24, 2004, pp. 1-5; Memorandum entitled “By-Law
Exclusions” dated Dec. 11,2001.

c. The Ability of the City to Restrict Lobbyists from Serving on NC Boards

Registered lobbyists who are stakeholders of a Neighborhood Council may not
be prohibited from serving on a Neighborhood Council. In particular, the Charter
clearly envisioned a process that is inclusive. “Neighborhood councils shall
include representatives of the many diverse interests in communities”;
[neighborhood council membership will be open to everyone who lives, works or
owns property in the area [stakeholders].” Charter §§ 900, 906.

Note, however, that a lobbyist may be disqualified from participating on matters
for which they have been paid to advocate a position. The Political Reform Act
prohibits a public official from “in any way attempting to use his or her official
position to influence a governmental decision” when the official has a financial
interest. Gov’t Code § 87100. If the amount of income, i.e. payment to a lobbyist
to advocate a position, received within 12 months prior to the decision in question
totals $500 or more, the lobbyist would be disqualified from participation in the
decision if the decision would have a material financial effect on the source of
income. 2 Cal. Code of Regulations § 18703.3.

(See City Atty. letter to The Honorable Education and Neighborhoods Committee dated April 18,
2005, pp.1-3)

d. Incompatible Offices

The legal incompatibility doctrine prevents a holder of a public office from holding
another office that is incompatible with the first. People ex rel Bagshaw v.
Thompson (1942) 55 Cal.App.2d 147,150. However, since Neighborhood
Council board seats are not "offices” within the meaning of the incompatibility
doctrine, the doctrine does not prevent a person from concurrently holding seats
as a Neighborhood Council board member or City Commissioner (including an
Ethics Commission position). However, conflicts of interests may occur in serving
in both capacities, in which case a person serving in concurrent capacities may
need to recuse him or herself from participating at either the Neighborhood
Council board level or the Commission level.

(See City Atty. letter to Greg Nelson dated July 30, 2003, pp. 1-3).

e. Exclusion of Elected City Officials from Neighborhood Council Boards

The Charter’s purpose of creating a Neighborhood Council system was to
promote more citizen participation, i.e. private community members. It is
consistent with the Charter’s intent to limit participation of elected City officials in
order to maximize the opportunities for community stakeholders to participate on
the board. The Plan furthers this vision, stating that, inter alia, the Neighborhood
Councils should “promote public participation.” Plan, Article 1. Thus, for the
following reasons, a neighborhood council may adopt bylaws that exclude
elected City officials from serving on its governing body.

First, if elected City officials also served on the board, there is the potential for
“practical” incompatibility. A key purpose of the Neighborhood Council system is
to advise City officials. If a City official served in this dual capacity, the official
could conceivably make a recommendation at the local neighborhood council
level on a matter that would ultimately be presented to him or her for decision.

Second, establishing reasonable eligibility requirements for a governing board of
a neighborhood council does not violate an individual's freedom of association.
U.S. Const. Amend. 1; Cal. Const. Art. 1, § 3. Generally, cases protecting this
right do not necessarily guarantee access to leadership positions in those
organizations. Boy Scouts of America v. Dale (2000) 530 U.S. 640.

Third, under the Equal Protection Clause, if a fundamental right is not being
burdened and where the classification does not involve suspect classes, the
government must merely show the City has a “rational basis” to justify an
exclusion. Heller v. Doe (1993) 509 U.S. 312. Based on the Charter and the
Plan, there is a significant public policy interest in ensuring the community nature

of neighborhood councils. Thus, it is reasonable and lawful for neighborhood
councils to exclude elected City officials from serving on a governing body.

Note that this exclusion may not extend to City council staff or other City staff.
While City officials can be excluded from serving, by virtue of their being the
ultimate decision makers, the same result is not warranted in the case of City
employees.

(See City Atty. letter to Greg Nelson dated March 11, 2002, pp. 1-7.)

f. Neighborhood Councils and Faith Based Organizations

The presence of faith based organizations on a Neighborhood Council does not
prevent the City from funding that Neighborhood Council. The Neighborhood
Council was created and intended to function for a secular purpose, the City did
not intend to either advance or inhibit religion, and does not foster state
excessive entanglement with religion. Therefore, the funding of Neighborhood
Councils which include faith based organizations does not violate the
Establishment Clause of the California Constitution. See Cal. Const. Article 1 § 4;
Lemon v. Kurtzman (1971) 403 U.S. 602.

(See City Atty. letter to Rosalind Stewart dated April 5, 2001, pp. 1-5.)

3. The Responsibilities and Procedures of Neighborhood Councils

a. Neighborhood Councils and Legal Immunities / Liabilities

Neighborhood Councils are subject to the same immunities and liabilities as
other advisory bodies of the City so long as they are acting within the scope of
their responsibilities under the City Charter andb the implementing ordinance
(Ordinance No. 174006). When a Neighborhood Council is engaged in
responsibilities found in the Charter, the Plan, Regulations or subsequent
ordinances, the City would be obligated to defend the Neighborhood Council.

(See City Atty. letter to Rosalind Stewart dated April 5, 2001, pp. 1-3.)

Because neighborhood councils are expressly authorized by the City Charter,
they are City bodies. See Charter §§ 900-914. As such, the official activities of
the neighborhood councils could create City liability where they were within the
scope of the Council’s Charter and ordinance created duties.

Although members of governing bodies of neighborhood councils are not officers
of the city or City employees, for liability purposes, these members would be
treated as if they were City employees.

In general, if a member’s conduct was within the “scope of employment” and the
member cooperates in good faith in the defense of the lawsuit, the City would be

obligated to indemnify the member for any judgment against the member.

Charter §272.

However, if the member’s conduct is beyond the scope of employment,
fraudulent, corrupt, or malicious, or where the member willfully fails or refuses to
cooperate in the defense, the City may not be required to provide a legal
defense. As such, it is possible that a member of the governing board could be
held personally liable for conduct related to the member’s activities connected
with the council. In addition, a defense need not be provided in certain conflict of
interest situations, and where unlawful expenditures are made without due care.

(See City Atty. letter to Office of the City Clerk / Governmental Efficiency Committee dated April
25, 2001, pp. 1-2.)

b. Election Systems of Neighborhood Councils

The election of the governing board of a Neighborhood Council should be as
democratic and inclusive as possible. Thus, a system of election must provide all
stakeholders in the neighborhood council with the opportunity to elect one or
more members of the governing body. The election system must ensure that all
stakeholders have an opportunity to vote for a board member who would
represent their interest, or provide for an “at-large interest.”

Specifically, all stakeholders must be assured the same voting rights. Further, a
neighborhood council may divide its council into geographic regions and allow
only those persons who have stakeholder status in that geographic region to vote
for the governing board member.

A neighborhood council can designate board members by “community interests”
and only allow the voters of that interest group to vote for those designated
governing members, provided that stakeholders can vote for at least one
governing board member. Under this scenario, it is recommended that “at-large”
positions on the board be reserved to accommodate those stakeholders who
otherwise may not be able to vote for a governing board member.

Lastly, a neighborhood council can create a voting system whereby certain
stakeholder groups must vote in an at-large category for seats, instead of
geographically based seats. As long as all stakeholders have an opportunity to
vote for at least one or more board members, this type of neighborhood council
voting system is valid.

(See City Atty. Opinion to Mr. Greg Nelson, opinion 2002:5, pp. 1-7; City Atty. Opinion to the
Board of Neighborhood Commissioners, Opinion, 2004:3, p3.)

c. Supporting Political Candidates

A Neighborhood Council may not endorse candidates for public office or spend
money under its control to support or oppose candidates for office. This rule
applies to private money donated to a Neighborhood Council, since monetary
gifts received by a Neighborhood Council would have the status of public funds,
and any “expenditure of public funds ... must be confined to public purposes.”
Albright v. City of South San Francisco (1975) 44 Cal.App.3d 866, 869.
Neighborhood councils, however, may take a public position in support of or
opposition to a ballot measure, but again, may not use public funds for that
purpose.

Note that individual members of the governing board of a neighborhood council
are allowed to make personal endorsements for candidates for public office and
contribute their own personal funds to political campaigns.

(See City Atty. letter to Rosalind Stewart dated December 15, 2000, pp. 1-3.)

Finally, neighborhood councils may not take official positions on state or federal
legislation. The Mayor and City Council have exclusive power over the City’s
intergovernmental relationships. Charter §231 (h).

d. Motion for Reconsideration

A motion for reconsideration is designed to allow the majority to correct “hasty, ill-
advised, or erroneous action, or to take into account added information or a
changed situation that has developed since the taking of the vote.” Robert’s
Rules of Order Newly Revised § 36. In order for a commission to reconsider its
previous decision, a motion for reconsideration must be made by a member of
the prevailing side of the original motion, but any member of the neighborhood
council may vote on the initial motion, whether they were present at the original
meeting or not. Such a motion rests solely in the discretion of neighborhood
council board.

(See City Atty. letter to Lisa Franklin dated July 1,2002, pp. 1-2.)

e. Appeals

In regards to an appeal of the Board of Neighborhood Commissioners’
certification decision, the Plan for a Citywide System of Neighborhood Councils
(“Plan”) and the ordinance which implements the Plan, Ordinance No. 174006,
allow for an appeal to the City Council only if an application for certification was
denied. Disagreements with,any aspect of a Commission determination that
ultimately results in an approval of a certification application are not appealable.

(See City Atty. letter to Lisa Franklin dated July 1,2002, p. 2)

Because Neighborhood Councils are city agencies and part of the City family,
neighborhood councils - as an entity - may not appeal the decisions of other City
bodies, such as appeals of Zoning Administrator decisions or Area Planning
Commission decisions. However, since Neighborhood Councils’ specific roles
are to be advisors to the City, they may provide their recommendations to these
bodies on the subject at hand.

A non-exhaustive list of activities available to a Neighborhood Council regarding
the City’s administrative process includes: (1) The Neighborhood Council could
pass a resolution/take an official position regarding the subject matter of the
administrative proceeding, (2) The Neighborhood Council could advocate or
express its official position to City Staff, the City Departments, the City Council,
or the Mayor; or (3) The Neighborhood Council could appear at any of the City’s
administrative hearings and express its official position to the City’s hearing
officers, Board of Commissioners, Committee hearings, or City Council hearings.
Note that a Neighborhood Council is able to testify during the City’s
administrative processes.

(See City Atty. letter to Greg Nelson dated Nov. 5, 2002 (“Report Re: Brentwood Community
Council”), p. 2.)

f. Invocations, Prayers, or “Moments of Inspiration”

Any invocation, prayer, or “Moment of Inspiration” which is offered to begin a
council meeting, may not be sectarian (pertaining to a religions denomination)
since this would violate the Establishment Clause of the First Amendment of the
United States Constitution. Rubin v. City of Burbank (2002) 101 Cal.App.4th
1194.

(See City Atty. letter to Greg Nelson dated Dec. 3, 2002, p. 1).

g. Quorums

The Plan for a Citywide System of Neighborhood Councils recognizes that the
Governing Body of a Neighborhood Council officially acts when it has a quorum.
Plan, Art. Ill, § 2(c)(iii)(4). Thus, in general, no action may be taken when a
quorum has been lost, or never achieved.

If a neighborhood council knows it will not have a quorum in time for a meeting,
and before noticing the meeting, an official meeting of the Neighborhood Council
board should be re-scheduled. If a neighborhood council knows that it will not
have a quorum, and the meeting has been posted, the meeting should be
canceled and a notice POSTED in all of the neighborhood council’s normal
posting locations.

In general, Neighborhood Council board meetings should not begin until enough
members of the board have arrived. However, if the board is confident that

members are simply running late, non-action items can be discussed, and public
comment taken while awaiting the arrival of the members. If it later becomes
evident that a quorum will not be obtained, the better practice is to adjourn,
absent any neighborhood council rule to the contrary. However, if the
neighborhood council chooses to entertain discussion on the agenda items, the
Chair should make clear that there is no quorum and therefore there is no
“official” meeting.

If the neighborhood council had a quorum at the beginning of the meeting, but
then that quorum is lost during the meeting, there are several options for the
Neighborhood Council: (1) adjourn the meeting and/or continue it to another date
(2) take limited public comment or testimony and adjourn the meeting and/or
continue it to another date, or (3) adopt standing rules to decide if it wishes to
cancel the meeting or entertain comments and discussion on the agenda items.
Again, if the neighborhood council chooses to entertain discussion on the agenda
items, the Chair should make clear that there is no quorum and therefore there is
no “official” meeting.

(See Memorandum entitled “Quorums and Neighborhood Councils” dated Dec. 3, 2004)

h. Neighborhood Council Advertising

A Neighborhood Council cannot sell advertisements in its newsletters. As a
general rule, City entities are prohibited from engaging in “commercial or
industrial enterprise.” See Charter, Art. I, section 104(f), Municipal Newspaper;
Charter, Art. 1, section 104(g), Business Enterprises.

(See Memorandum entitled “Neighborhood Council Advertising” dated Jan. 24, 2005)

i. Use of the City Seal

A Neighborhood Council may use the City Seal on agendas or letterheads, if
authorized by the General Manager of DONE.

(See Memorandum entitled “Neighborhood Council Use of the City Seal” dated April 29, 2002)

j. Nonprofit Corporations

Nonprofit corporations may be formed to support neighborhood councils. The
likely method of nonprofit formation would be under Section 501 (c) of the
Internal Revenue Code. However, care must be taken in the formation to ensure
that the nonprofit maintains a separate corporate identity from the City entity.

The nonprofit could take the form of a “friends of a neighborhood council" or
some type of organization cheated to accept, maintain and administer funds
obtained from private donations to support neighborhood councils.

However, to set up a support group, the nonprofit corporation should: 1)
maintain a separate board of directors from the neighborhood councils 2) be
created at the impetus from private individuals or stakeholders (not from the
neighborhood council board) and 3) not use neighborhood council public funds to
pay for the incorporation fees or any other fees necessary to set up the support
nonprofit corporation.

(See Letter to Greg Nelson, dated December 6, 2005)

9. Resources

RESOURCES

Article IX, City Charter

Plan For A Citywide System Of Neighborhood Councils

Ordinances Implementing the Plan

Meeting Agenda

Opening Meeting Script

Economic Disclosure Form

Bylaws Checklist

ARTICLE IX

DEPARTMENT OF NEIGHBORHOOD EMPOWERMENT

Section

900 Purpose.

901 Department of Neighborhood Empowerment.

902 Board of Neighborhood Commissioners.

903 General Manager.

904 Development of the Neighborhood Council Plan.

905 Implementation of the Plan.

906 Certification of Neighborhood Councils.

907 Early Warning System.

908 Powers of Neighborhood Councils.

909 Annual City Budget Priorities.

910 Monitoring of City Services.

911 Appropriation.

912 Review.

913 Transfer of Powers.

914 Effect of Ordinances.

Sec. 900. Purpose.

To promote more citizen participation in government
and make government more responsive to local needs, a
citywide system of neighborhood councils, and a
Department of Neighborhood Empowerment is created.
Neighborhood councils shall include representatives of the
many diverse interests in communities and shall have an
advisory role on issues of concern to the neighborhood.

Sec. 901. Department of Neighborhood
Empowerment.

The Department of Neighborhood Empowerment shall
have the duties and responsibilities set forth in this Article
and elsewhere in the Charter to implement and oversee the
ordinances and regulations creating the system of
neighborhood councils enacted pursuant to Section 905.
Duties and responsibilities shall include:,

(a) prepare a plan for the creation of a system
of neighborhood councils to ensure that every part of
the City is within the boundary of a neighborhood

council, and has an opportunity to form a
neighborhood council (Plan);

(b) assist neighborhoods in preparing petitions
for recognition or certification, identifying boundaries
that do not divide communities, and organizing
themselves, in accordance with the Plan;

(d) assist neighborhood councils with the
election or selection of their officers;

(e) arrange training for neighborhood councils ’
officers and staff;

(f) assist neighborhood councils to share
resources, including offices, equipment, and other
forms of support, for them to communicate with
constituents, other neighborhood councils and with
government officials; and

(g) perform other duties as provided by
ordinance.

Sec. 902. Board of Neighborhood Commissioners.

(a) There shall be a board of seven commissioners to
be known as the Board of Neighborhood Commissioners
(board). Commissioners shall be appointed by the Mayor,
and shall be from diverse geographic areas, as further
specified by ordinance. Appointment and removal of
commissioners shall otherwise be in accordance with
Section 502.

(b) The board shall be responsible for policy setting
and policy oversight, including the approval of contracts and
leases and the promulgation of rules and regulations, but
shall not be responsible for day-to-day management.

Charter

1-103

§902

GOVERNANCE

Volume I

Sec. 903. General Manager.

(a) There shall be a general manager of the
Department of Neighborhood Empowerment who shall be
appointed by the Mayor, subject to confirmation by the
Council, and may be removed as provided in Section 508.

(b) The general manager shall have those powers and
duties set forth in Section 510.

(c) The general manager shall appoint, discharge and
prescribe the duties of staff, consistent with the civil service
provisions of the Charter.

Sec. 904. Development of the Neighborhood Council
Plan.

The Department of Neighborhood Empowerment shall
develop a Plan for a citywide system of neighborhood
councils, in conformance with the following:

(a) The Department of Neighborhood
Empowerment shall seek public input in the
formulation of the Plan.

(b) The Plan shall contain a statement of goals,
policies and objectives of the Neighborhood Council
system, and shall contain specific regulations, in draft
ordinance format (Regulations) which, if adopted by
ordinance, would be sufficient to implement the Plan.

(c) The Regulations shall establish the method
by which boundaries of neighborhood councils will be
determined. The system for determining boundaries
shall maintain neighborhood boundaries to the
maximum extent feasible, and may consider
community planning district boundaries where
appropriate.

(d) The Regulations must ensure that all areas
of the City are given an equal opportunity "to form
neighborhood councils.

(e) The Regulations shall establish the
procedure and criteria for recognition or certification
of neighborhood councils.

(f) The Regulations shall not restrict the
method by which the members of a neighborhood
council are chosen, if the process otherwise satisfies
the requirements of this Article.

(g) The Regulations shall require that
neighborhood councils adopt fair and open procedures
for the conduct of their business.

(h) The Mayor and Council shall provide for
the creation of the Department of Neighborhood
Empowerment and appointment of the general
manager within 120 days of the effective date of this
Article.

Sec. 905. Implementation of the Plan.

The Department of Neighborhood Empowerment shall
complete development of the Plan and present the Plan and
all necessary Regulations for a system of neighborhood
councils to the Council and Mayor within one year of the
establishment of the department and commission. The
Council shall consider the Regulations, and within six
months after presentation of the Plan to Council may adopt
ordinances to implement the Regulations as proposed, or as
modified by the Council consistent with the requirements of
the Plan set forth in Section 904. If implementing
ordinances are not adopted within this time period, the
Regulations shall become effective, and to the extent not
inconsistent with law shall be binding upon all City
departments and offices.

Sec. 906. Certification of Neighborhood Councils.

(a) By-laws. Each neighborhood council seeking
official certification or recognition from the City shall
submit an organization plan and by-laws to the Department
of Neighborhood Empowerment showing, at a minimum:

(1) the method by which their officers are
chosen;

(2) neighborhood council membership will be
open to everyone who lives, works or owns property
in the area (stakeholders);

(3) assurances that the members of the
neighborhood council will reflect the diverse interests
within their area;

1-104

Charter

Article IX

§914

Department of Neighborhood Empowerment

(4) a system through which the neighborhood
council will communicate with stakeholders on a
regular basis;

(5) a system for financial accountability of its
funds; and

(6) guarantees that all meetings will be open
and public, and permit, to the extent feasible, every
stakeholder to participate in the conduct of business,
deliberation and decision-making.

(b) Petitioning for Certification and Approval.
Neighborhood councils may petition for certification or
recognition in accordance with rules and procedures set
forth in the Plan.

Sec. 907. Early Warning System.

The Regulations shall establish procedures for
receiving input from neighborhood councils prior to
decisions by the City Council, City Council Committees and
boards and commissions. The procedures shall include, but
need not be limited to, notice to neighborhood councils as
soon as practical, and a reasonable opportunity to provide
input before decisions are made. Notices to be provided
include matters to be considered by the City Council, City
Council Committees, and City boards or commissions.

Sec. 908. Powers of Neighborhood Councils.

Subject to applicable law, the City Council may
delegate its authority to neighborhood councils to hold
public hearings prior to the City Council making a decision
on a matter of local concern.

Sec. 909. Annual City Budget Priorities.

Each neighborhood council may present to the Mayor
and Council an annual list of priorities for the City budget.
The Mayor shall inform certified neighborhood councils of
the deadline for submission so that the input may be
considered in a timely fashion.

Sec. 910. Monitoring of City Services.

Neighborhood councils shall monitor the delivery of
City services in their respective areas and have periodic
meetings with responsible officials of City departments,
subject to their reasonable availability.

Sec. 911. Appropriation.

The Mayor and Council shall appropriate funds for the
Department of Neighborhood Empowerment and for the
startup and functioning of neighborhood councils for the
first two years after the effective date of this Article. Funds
shall be appropriated into a special fund to be established by
ordinance. The Mayor and Council shall thereafter
appropriate funds for the department and neighborhood
councils at least one year in advance of each subsequent
fiscal year.

Sec. 912. Review.

The Mayor and Council shall appoint a commission as
prescribed by ordinance to evaluate the provisions of this
Article, the Regulations adopted pursuant to this Article,
and the efficacy of the system of neighborhood councils no
later than seven years after the adoption of the Charter.
The commission shall make recommendations to the Council
regarding changes to the Charter or the Regulations, as it
deems appropriate.

Sec. 913. Transfer of Powers.

Notwithstanding any other provision of the Charter,
the Mayor and Council shall not transfer powers, duties or
functions of the Department of Neighborhood
Empowerment to any other department, office or agency
pursuant to Section 514 during the first five years after
implementation of the Plan pursuant to Section 905.

Sec. 914. Effect of Ordinances.

The Council may adopt ordinances concerning
neighborhood councils consistent with requirements for the
Plan set forth in Section 904 at any time, which ordinances
shall supersede any inconsistent Regulations that have
become effective pursuant to Section 905.

Charter

1-105

PLAN FOR A
CITYWIDE SYSTEM OF
NEIGHBORHOOD COUNCILS

APPROVED

MAY 30, 2001

AMENDED

November 8, 2002; May 20, 2005; October 25, 2006

neighborhood

empowerment

LOS ANGELES

Plan for a Citywide System of Neighborhood Councils

Article I

Goals and Objectives of the Neighborhood Council System

The goals and objectives of the Plan are to:

1. Promote public participation in City governance and decision making processes so that
government is more responsive to local needs and requests and so that more opportunities
are created to build partnerships with government to address local needs and requests.

2. Promote and facilitate communication, interaction, and opportunities for collaboration among
all Certified Neighborhood Councils regarding their common and disparate concerns.

3. Facilitate the delivery of City services and City government responses to Certified
Neighborhood Councils’ problems and requests for assistance by helping Certified
Neighborhood Councils to both identify and prioritize their needs and to effectively
communicate those needs.

4. Ensure equal opportunity to form Certified Neighborhood Councils and participate in the
governmental decision making and problem solving processes.

5. Create an environment in which all people can organize and propose their own Certified
Neighborhood Councils so that they develop from the grassroots of the community.

6. Foster a sense of community for all people to express ideas and opinions about their
neighborhoods and their government.

Page 1 of 24

Plan for a Citywide System of Neighborhood Councils

Article II

Desired Characteristics of Neighborhood Councils

1. Inclusive Membership

Certified Neighborhood Councils shall be diverse, inclusive, and open to all Community
Stakeholders. A Community Stakeholder is defined as any individual who lives, works or
owns property in a Neighborhood Council area. In addition, Community Stakeholder
status may be identified by participation in, among other things, educational institutions,
religious institutions, community organizations or other non-profit organizations, block
clubs, neighborhood associations, homeowners associations, apartment associations,
condominium associations, resident associations, school/parent groups, faith based
groups and organizations, senior groups and organizations, youth groups and
organizations, chambers of commerce, business improvement districts, service
organizations, park advisory boards, boys and girls clubs, cultural groups, environmental
groups, codewatch, neighborhood watch, police advisory board groups, and/or
redevelopment action boards.

2. Statement of Non-Discrimination

Certified Neighborhood Councils must encourage all Community Stakeholders to
participate in all of their activities, and may not discriminate in any of their policies,
recommendations or actions against any individual or group on the basis of race, religion,
color, creed, national origin, ancestry, sex, sexual orientation, age, disability, marital
status, income, or political affiliation.

3. Transparent Operations

Certified Neighborhood Councils shall adopt fair and open procedures for the conduct of
their business.

4. Independent Entities

Certified Neighborhood Councils shall be as independent, self-governing, and self-
directed as possible. The Department of Neighborhood Empowerment (DONE) shall
assist Certified Neighborhood Councils to pursue options, including, but not limited to,
tax-exempt status and/or non-profit incorporation, to strengthen their independence. Tax-
exempt status and/or non-profit incorporation will have no effect on a Certified
Neighborhood Council's eligibility for assistance, monetary or otherwise, from DONE.

Page 2 of 24

Plan for a Citywide System of Neighborhood Councils

Article III

Certification of Neighborhood Councils

1. DONE responsibilities. On July 1,2001, after the adoption of the Neighborhood
Council Plan, DONE shall:

(a) Announce and inform the public of the Neighborhood Council certification
process Citywide, but DONE shall not accept completed certification
applications until October 1, 2001.

(b) Actively promote the formation of Certified Neighborhood Councils Citywide,
giving emphasis to those areas and Community Stakeholder groups with
traditionally low rates of civic participation in government.

(c) Facilitate and encourage collaboration and discussion among neighboring and
overlapping applicant groups and provide technical assistance on how to proceed
with a unified certification application, and provide dispute resolution services to
applicants where more than one application is submitted for a Neighborhood
Council boundary area to gain consensus on a unified certification application.

2. Components of a Certification Application. A certification application shall, at a minimum,
include the components listed in this section.

Boundaries

(a) A detailed description of proposed boundaries shall be provided, including a rationale
for drawing the proposed boundaries. Neighborhood Council applicants within a
proposed Neighborhood Council boundary shall, to the extent feasible, work together
in setting boundaries.

> In identifying proposed Neighborhood Council boundaries, applicants are
encouraged to reference other types of existing boundaries, including, but not
limited to, the following:

(i) Census tracts as a means of complying with the minimum population size
of 20,000 Neighborhood Council Community Stakeholders.

(ii) City service and planning areas, such as police and fire districts or
Community Planning Area boundaries.

> A proposed set of boundaries should, to the maximum extent feasible, follow
historic and contemporary community and neighborhood borders, and shall utilize
natural boundaries or street lines and be geographically compact and contiguous.

> The boundaries of two or more Certified Neighborhood Councils may not overlap
with one another, unless the area for proposed inclusion into each.

Page 3 of 24

Plan for a Citywide System of Neighborhood Councils

> Certified Neighborhood Council is designed for a public use, such as a park,
school, library, police or fire station, major thoroughfare, or contains a landmark or
facility with historical significance.

> The inaugural boundaries of all Certified Neighborhood Councils shall be the limits
of the City of Los Angeles (City). The boundaries of a Certified Neighborhood
Council are encouraged to remain within the City limits because the City can only
guarantee delivery of its services to City residents.

> Neighborhood Council boundaries should be comprised of no less than 20,000
Neighborhood Council Community Stakeholders. Areas that have fewer than
20,000 Neighborhood Council Community Stakeholders may be certified provided
they meet the following criteria:

(i) The proposed area is separated from adjacent communities by significant
geographic features; or,

(ii) The proposed area is identified by name within any of the 36 adopted Community
Plan Areas of the City Planning Department; or,

(iii) The proposed area represents a historic, identifiable neighborhood or
community that is serviced by City service providers, such as a public library,
park, recreation center, fire or police station, or a public school.

> A Neighborhood Council that comprises fewer than 20,000 Neighborhood Council
Community Stakeholders must satisfy all requirements of this Plan.

Outreach

(b) The outreach process used to identify Community Stakeholders within the proposed
Neighborhood Council boundary must be described in detail. In order to demonstrate
a good faith effort towards achieving a diversity of Community Stakeholder
representation, an applicant(s) shall collect no less than 200 and no more than 500
signatures from Community Stakeholders that have an interest within the proposed
Neighborhood Council boundaries. Signatures shall, to the maximum extent feasible,
reflect the broadest array of Community Stakeholders who will actively participate in
the proposed Neighborhood Council.

Bylaws

(i) Neighborhood Council name

(ii) Community Stakeholder Membership and the Governing Body

(1) The bylaws shall state that the Neighborhood Council membership is open to
all Community Stakeholders.

Page 4 of 24

Plan for a Citywide System of Neighborhood Councils

(2) The bylaws shall include a list of offices of the Governing Body and a
method for regularly electing or selecting officers who shall serve as the
Governing Body. For the purposes of this Plan, the term Governing
Body refers to Community Stakeholders of a Certified Neighborhood
Council who are empowered to make decisions on behalf of that
Certified Neighborhood Council.

(a) A Certified Neighborhood Council's Governing Body must, to the extent
possible, reflect the diversity of the Neighborhood Council's Community
Stakeholders. Accordingly, no single Community Stakeholder group shall
comprise a majority of a Certified Neighborhood Council's governing body,
unless extenuating circumstances are warranted and approved by DONE.

(b) In order to encourage diversity and innovation in leadership on the .
governing body, no person may serve more than eight consecutive years
in any office of a Certified Neighborhood Council's Governing Body.

(iii) Meeting procedures. Each Certified Neighborhood Council shall:

(1) Meet at least once per calendar quarter.

(2) Obey any or all sections of the State of California’s open meeting
procedures that apply to Neighborhood Councils (Ralph M. Brown Act),
which includes posting meeting notices in generally accepted public places
or through electronic media, such as e-mail or posting notice on DONE's
Web page.

(3) Establish procedures for communicating with all Neighborhood Council
Community Stakeholders on a regular basis in a manner ensuring that
information is disseminated evenly and in a timely manner.

(4) A process for running meetings, including:

(a) The number of Governing Body members that constitute a majority and a
quorum;

(b) The number of votes by a Governing Body for a Certified
Neighborhood Council to take an official action, such as adoption of
an item or position; and,

(c) The way in which a vote by the Governing Body or action by a Certified
Neighborhood Council can be reconsidered, if applicable.

(iv) A grievance procedure shall be established by which an individual Community

Stakeholder or group of ^Community Stakeholders of a Certified Neighborhood

Council shall be able to express concerns to their Governing Body about its

decisions and actions.

Page 5 of 24

Plan for a Citywide System of Neighborhood Councils

Financial Accountability

(d) A system of financial accountability shall be established that governs a Certified

Neighborhood Council's use of its funds. Each Certified Neighborhood Council Shall:

(i) Prescribe a method for keeping a book of accounts that complies with applicable
local, state, and federal laws, which includes any or all provisions of Generally
Accepted

Accounting Principles that apply to a Certified Neighborhood Council, according to
the type of entity established by a Certified Neighborhood Council.

(ii) Discuss its finances at a regularly scheduled or special meeting, prior to
submitting an account statement to DONE (as prescribed below), in order to
gather input from Neighborhood Council Community Stakeholders.

(iii) Ensure that each Certified Neighborhood Council’s book of accounts shall be
open to all Community Stakeholders of any Certified Neighborhood Council.

(iv) Establish a process by which each Certified Neighborhood Council member
Can review the Certified Neighborhood Council's book of accounts.

> Each Certified Neighborhood Council's Governing Body shall include an officer
named the Treasurer, whose duties shall include maintaining the Neighborhood
Council's book of accounts, as prescribed by DONE, and submitting account
statements to DONE no less than once and no more than twice during each fiscal
year, the date(s) of which shall be prescribed by DONE. Refusal to submit
accounting information as required by DONE shall be grounds for consideration of
de-certification (as defined in Article VI, Section 5 of this Plan).

Ethics

(e) Each Certified Neighborhood Council shall be subject to any or all applicable sections
of the City of Los Angeles Governmental Ethics Ordinance (Los Angeles Municipal
Code. Section 49.5.1). All applicable laws of local, state, and federal government shall
be the minimum ethical standard for a Certified Neighborhood Council, its Governing
Body, and Community Stakeholders.

Contacts

(f) Every application shall include contact information for no less than three and no more
than five people who shall act as official contacts between the applicants and DONE
until the proposed Neighborhood Council is certified.

Page 6 of 24

Plan for a Citywide System of Neighborhood Councils

Article IV

Certification Process

1. DONE staff shall evaluate a certification application to determine whether the application
meets all of the criteria set out in Article III, Section 2, "Components of a Certification
Application."

2. Once a certification application is submitted to DONE, the application shall be held by
DONE for a period of 20 business days. During said period, DONE shall begin its
evaluation of the application to ensure that it is complete.

(a) At the end of said 20 business-day period, if only one application is submitted

that describes a specific set of boundaries for a proposed Neighborhood Council and
if the application is complete according to DONE's evaluation, DONE shall:

(i) Forward the application, any accompanying information, and its recommendation
to the Board of Neighborhood Commissioners (Commission) for consideration;
and,

(ii) Notify the Neighborhood Council contacts (named in Article II, Section 2(f)), in
writing, that the application has been forwarded to the Commission for its
consideration.

(iii) If DONE fails to evaluate or forward the application (and any accompanying
information, including its recommendation) to the Commission within said time
period, DONE shall automatically forward the application without a
recommendation to the Commission for consideration.

(b) If DONE receives two or more certification applications within said 20 business-day
period that identify the same, similar, or overlapping proposed Neighborhood Council
boundaries, DONE shall immediately notify, in writing, all contacts for all affected
applicant groups in an effort to work with affected parties to produce a unified
application. Applicants of the proposed Neighborhood Councils shall have 20
business days from the date notification is given by DONE to develop a unified
application.

(i) If consensus is reached at any time within said 20 business-day period or at
any time during an extended time period pursuant to Article IV, Section 2(b)(ii),
said period shall be terminated and all applications shall be deemed received
by DONE for evaluation. In the event that all affected applicant groups agree
in writing to terminate, for any reason, the process of developing a unified
application within the 20 business-day period, all applications, as originally
submitted, shall be deemed received by DONE for evaluation. If no
consensus is reached within or at the end of the 20 business-day period, the
applications, as originally submitted, shall be deemed received by DONE for
evaluation.

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(ii) The 20 business-day period described in (i) above may be extended by DONE
if all certification applicants make such a request in writing within the time
period in (i) above. If no consensus is reached within or at the end of

the 20 business-day period, the applications, as originally submitted, shall be
deemed received by DONE for evaluation.

(iii) Once an application has been deemed received by DONE for evaluation through
the processes described in (i) or (ii) above, DONE shall have ten business days to
evaluate all applications as submitted. At the end of its ten business-day
evaluation period, if DONE determines that all or some of the applications are
complete according to DONE’s evaluation, DONE shall forward the application,
any accompanying information, and its recommendation to the Commission for
consideration. If DONE fails to evaluate or forward the application (and any
accompanying information, including its recommendation) to the Commission
within said time period, DONE shall automatically forward the application without a
recommendation to the Commission for consideration.

(c) If, at any time during the processes described in this section, DONE determines that
an application is incomplete, it shall return the application to the applicants along with
a detailed list in writing of the missing components required in a certification
application and suggestions on how to incorporate missing components. Applicants
whose certification application was determined to be incomplete and returned by
DONE may at any time re-submit the application after amending it to meet all the
necessary criteria.

3. DONE shall have ten business days, from the date that it forwards an application to the
Commission for consideration, to prepare, translate (if necessary), and post public
notices that a group has applied for certification according to the following:

(a) A copy of the notice shall be posted in at least five public, easily accessible places
within the boundaries of the proposed Neighborhood Council. Examples of
appropriate posting locations include, but are not limited to, libraries, police or fire
stations, or DONE’s Web site.

(b) Copies of the notice shall be posted for 15 business days.

(c) The notice shall be translated into all languages other than English that the City
Clerk Election Division uses to produce sample ballot information if the
proposed Neighborhood Council boundaries include communities where such
languages are spoken. At the present time, a sample ballot is published in
Chinese, English, Japanese, Korean, Spanish, Tagalog, and Vietnamese. This
list of languages may change from time to time, and DONE shall be responsible
for keeping current with said changes. DONE shall be responsible for
translating the notice into any other language upon request.

4. Within the same ten business-day time period referenced in Article IV, Section 3, DONE
shall provide written notice to the applicant group of the date that the Commission will
conduct its public hearing during which the applicant's certification application will be
considered.

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5. Within ten business days after the expiration of the 15 business-day public notice period
described in Article IV, Section 3(b), the Commission shall conduct a public hearing to
take testimony from members of the public regarding the submitted certification
application. The following shall apply:

(a) The public hearing shall be conducted as part of the Commission's next regularly
scheduled meeting or as part of a special meeting if no regularly scheduled
meeting falls within said ten business-day period.

(b) The Commission meeting shall be conducted within the boundaries of the proposed
Neighborhood Council.

6. During the meeting where the Commission conducts a public hearing for the purpose of
considering a certification application, and at,the close of the public comment period and
after the Commission’s deliberations, the Commission shall either approve or reject the
certification application. With concurrence from the applicant, the Commission may defer
its decision on a certification application until its next regularly scheduled meeting in order
to receive additional information on a matter brought to its attention during its public
hearing or to allow for more time to consider the application.

7. In a case where two or more certification applications have identified the same, similar, or
overlapping Neighborhood Council boundaries, the Commission shall, based on all
available information, make a final determination on how the final boundaries of each
Neighborhood Council shall be drawn.

8. If the Commission approves the application, the applicants shall be deemed certified and
recognized as a Neighborhood Council in the City of Los Angeles.

9. If the Commission rejects the application, the applicants may, within five meeting days of
the City Council during which the Council has convened in regular session, file an appeal
with the City Council. The appeal will automatically be placed on the Council's next
regular agenda for consideration. The Council may, by ten votes, sustain, reverse, or
modify the Commission's decision.

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Plan for a Citywide System of Neighborhood Councils

Article V

Neighborhood Council Election Procedures*

1. Compliance

Neighborhood Councils which choose to elect their Governing Body must comply with the
Neighborhood Council Election Procedures adopted by the City Council by Motion dated
January 25, 2005, and as may be further amended by the Commission.

2. Violations

A violation of the Neighborhood Council Election Procedures shall constitute a violation of
this Plan and may subject a Neighborhood Council to the decertification procedures set forth
in Article VI of this Plan, either upon submission of a complaint as outlined in Article ,VI,
Section 4 of this Plan, or by the DONE filing a report with the Commission asking it to
consider decertification, after having first taken steps in an effort to achieve compliance with
the Neighborhood Council Election Procedures.

* Added per Resolution dated May 20, 2005

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Plan for a Citywide System of Neighborhood Councils

Article VI

Certified Neighborhood Council Self Assessment, Boundary and
Bylaw Adjustment, Complaints, and De-Certification

1. Self Assessment

Each Certified Neighborhood Council shall, with the assistance of DONE as requested,
survey its Community Stakeholders at least once biennially, to assess whether their Certified
Neighborhood Council has met applicable goals set forth in the Charter and Article I, "Goals
and Objectives of the Neighborhood Council System". The form of the review shall be
prescribed by DONE, and the results of the review shall be made public and posted on
DONE's Web site. A copy of the review shall be sent to the affected Certified Neighborhood
Council.

2. Boundary Adjustment

(a) A Certified Neighborhood Council may petition the Commission to adjust its

boundaries. All such petitions shall remain in accordance with Article III, Section 2.

Reasons for boundary adjustment may include, but are not limited to:

(i) Including an uncertified adjacent community;

(ii) Reconfiguring based on population decrease or increase; or,

(iii) Increasing or reducing a Certified Neighborhood Council's size to increase
effectiveness and efficiency.

(b) Petitions shall be reviewed by DONE which shall forward the petition, any accompanying
information, and its recommendation, within 15 business days of receipt, to the
Commission for consideration at its next regularly scheduled meeting. If the Commission
approves the petition, the Neighborhood Council boundary shall be deemed changed. If
the Commission rejects the petition, the Governing Body of the petitioning Certified
Neighborhood Council may take an action to, within five meeting days of the City Council
during which the Council has convened in regular session, file an appeal with the City
Council. The appeal will automatically be placed on the Council's next regular agenda for
Council consideration. The Council may, by ten votes, sustain, reverse, or modify the
Commission's decision.

(c) The Commission shall have the authority to expand a Certified Neighborhood Council's
boundary in order to incorporate an area of the City that has not formed a Certified
Neighborhood Council into the boundary of another, adjoining Certified Neighborhood
Council, provided that:

(i) The proposed area to be incorporated into a Certified Neighborhood Council's
boundary lies between two or more Certified Neighborhood Councils;

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Plan for a Citywide System of Neighborhood Councils

(ii) The area to be incorporated does not qualify for certification under the provisions
of this Plan; and,

(iii) Community Stakeholders of the area to be incorporated and of the affected
Certified Neighborhood Council(s) agree to the proposed incorporation.

(d) If incorporation of an area into an existing Certified Neighborhood Council's boundary
is initiated by an entity other than the Commission, Community Stakeholders of the
area to be incorporated and of the affected Certified Neighborhood Council(s) must
agree to the proposed incorporation prior to consideration by the Commission. The
following process shall apply.

(i) An Incorporation Petition, as prescribed by DONE, shall be completed in order to
document the proposed incorporation. An Incorporation Petition shall be filed with
DONE for evaluation.

(a) DONE shall have 20 business days from receipt of the Incorporation Petition
to evaluate the incorporation request. If an Incorporation Petition is complete
according to DONE's evaluation, DONE shall forward the Incorporation
Petition, any accompanying information, and its recommendation to the
Commission for consideration. If DONE fails to evaluate or forward the
Incorporation Petition (and any accompanying information, including its
recommendation) to the Commission within said time period, the Incorporation
Petition shall be automatically forwarded to the Commission for consideration.

(b) If, at any time during the processes described in this section, DONE
determines that an Incorporation Petition is incomplete, it shall return the
petition to the applicants along with a detailed list in writing of DONE's
objections to the Incorporation Petition and suggestions on how to revise the
Incorporation Petition. An Incorporation Petition returned by DONE may at
any time be re-submitted after it is amended to meet all the necessary criteria
cited by DONE.

(ii) DONE shall have ten business days, from the date that it forwards an
Incorporation Petition to the Commission for consideration, to prepare, translate (if
necessary), and post public notices that an Incorporation Petition has been
received, according to the following:

(a) A copy of the notice shall be posted in at least five public, easily accessible
places within the boundaries of the proposed incorporated area and all
affected Neighborhood Councils. Examples of appropriate posting locations
include, but are not limited to, libraries, police stations, fire stations, or DONE’s
Web site.

(b) Copies of the notice shall be posted for 15 business days.

(c) The notice shall be translated into all languages other than English that the
City Clerk Election Division uses to produce sample ballot information if the

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Plan for a Citywide System of Neighborhood Councils

proposed Neighborhood Council boundaries include communities where such
languages are spoken. At the present time, a sample ballot is published in
Chinese, English, Japanese, Korean, Spanish, Tagalog, and Vietnamese.

This list of languages may change from time to time, and DONE shall be
responsible for keeping current with said changes. DONE shall be
responsible for translating the notice into any other language upon request.

(iii) Within the same ten business-day time period referenced in Article VI, Section
2(d)(ii), DONE shall provide written notice to the applicant group of the date that
the Commission will conduct its public hearing during which the applicant's
Incorporation Petition will be considered.

(iv) Within ten business days after the expiration of the 15 business day public notice
period described in Article VI, Section 2(d)(ii)(b), the Commission shall conduct a
public hearing to take testimony from members of the public regarding the
proposed incorporation. The following shall apply:

(a) The public hearing shall be conducted as part of the Commission's next
regularly scheduled meeting or as part of a special meeting if no regularly
scheduled meeting falls within said ten business-day period.

(b) The Commission meeting shall be conducted within the boundaries of the
proposed incorporated area or within the boundaries of any of the affected
Certified Neighborhood Councils.

(v) During the meeting where the Commission conducts a public hearing for the
purpose of considering an Incorporation Petition, and at the close of the public
comment period and after the Commission's deliberations, the Commission
shall either approve or reject the Incorporation Petition. With concurrence
from the applicant, the Commission may defer its decision on an Incorporation
Petition until its next regularly scheduled meeting in order to receive additional
information on a matter brought to its attention during its public hearing or to
allow for more time to consider the Incorporation Petition.

(vi) If.the Commission approves the Incorporation Petition, the proposed area shall be
incorporated into the specified Certified Neighborhood Council named in the
Incorporation Petition. If the Commission rejects the Incorporation Petition, the
applicants may, within five meeting days of the City Council during which the
Council has convened in regular session, file an appeal with the City Council. The
appeal will automatically be placed on the Council's next regular agenda for
Council consideration. The Council may, by ten votes, sustain, reverse, or modify
the Commission’s decision.

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3. Bylaw Adjustment

A Certified Neighborhood Council that wishes to change or adjust its bylaws shall
complete an Application to Change or Adjust Bylaws, as prescribed by DONE, and
submit the application to DONE for evaluation. DONE shall have ten business days from
receipt of the application to complete its evaluation.

(a) If DONE determines that the application is incomplete, it shall return the application to
the Governing Body of the affected Certified Neighborhood Council along with a
detailed list in writing of missing or incomplete items in the application and
suggestions on how to complete the application successfully. An application returned
by DONE may at any time be re-submitted after it is adjusted to meet all the
necessary criteria cited by DONE.

(b) If the application is complete and consistent with the principles governing a Certified
Neighborhood Council’s purpose or operations according to DONE's evaluation,
DONE shall file the application and the change in the affected Certified Neighborhood
Council’s bylaws shall be deemed approved. Upon filing the change, DONE shall
provide written notice to the affected Certified Neighborhood Council that the change
in its bylaws was duly recorded with DONE.

(c) If DONE determines that the changed bylaws are inconsistent with the principles
governing a Certified Neighborhood Council's purpose or operations, DONE shall
forward an evaluation to the Commission for its review. The Commission, at its next
regularly scheduled meeting, shall approve or reject the change in bylaws application.
If the Commission approves the change of bylaws, the Certified Neighborhood
Council’s proposed bylaws shall be deemed approved and become effective
immediately. If the Commission rejects the change of bylaws application, the
Certified Neighborhood Council’s bylaws shall remain as adopted prior to the filing of
the application.

4. Complaints Against Certified Neighborhood Councils

Complaints against a Certified Neighborhood Council of any nature shall be filed with
DONE, on a form prescribed by DONE. A copy of the complaint shall be delivered by
DONE to the affected Certified Neighborhood Council against which the complaint is
made within five business days of receipt of the complaint. Exhaustive efforts to remedy
all complaints shall be taken by DONE. In the case where a complaint is in regards to a
violation of this Plan and a remedy cannot be reached, the process prescribed in Article
VI, Section 5 shall be followed.

5. Involuntary De-Certification of a Certified Neighborhood Council

Before initiating de-certification of a Certified Neighborhood Council, DONE shall take all
steps available to remedy a violation of the Plan. If DONE finds that efforts to comply
with a proposed remedy have failed, the General Manager of DONE shall initiate a
process of de-certification.

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Plan for a Citywide System of Neighborhood Councils

(a) DONE shall complete an Application to De-Certify a Certified Neighborhood Council,
as prescribed by DONE, and immediately transmit a copy of the application to both
the Commission, for consideration at its next regularly scheduled meeting, and to the
affected Certified Neighborhood Council.

(b) DONE shall, immediately after transmitting copies of the application to the
Commission and affected Certified Neighborhood Council, post public notices that a
de-certification application has been filed with the Commission according to the
following:

(i) A copy of the notice shall be posted in at least five public, easily accessible
places within the boundaries of the affected Neighborhood Council, and
shall post the notice ori DONE's Web site. Examples of appropriate
posting locations include, but are not limited to, libraries, police stations, or
fire stations.

(ii) Copies of the notice shall be posted for 15 business days.

(iii) The notice shall be translated into all languages other than English that the
City Clerk Election Division uses to produce sample ballot information if
the proposed Neighborhood Council boundaries include communities
where such languages are spoken. At the present time, a sample ballot is
published in Chinese, English, Japanese, Korean, Spanish, Tagalog, and
Vietnamese. This list of languages may change from time to time, and
DONE shall be responsible for keeping current with said changes. DONE
shall be responsible for translating the notice into any other language upon
request.

(c) Within ten business days after the expiration of the 15 business day public notice
period described in Article VI, Section 5(b)(ii), the Commission shall conduct a public
hearing to take testimony from members of the public regarding the proposed de¬
certification application. The following shall apply:

(i) The public hearing shall be conducted as part of the Commission's next
regularly scheduled meeting or as part of a special meeting if no regularly
scheduled meeting falls within said ten business-day period.

(ii) The Commission meeting shall be conducted within the boundaries of the
affected Certified Neighborhood Council proposed for de-certification.

(d) During the meeting where the Commission conducts a public hearing for the purpose
of considering a de-certification application, and at the close of the public comment
period and after the Commission’s deliberations, the Commission shall either approve
or reject the de-certification application. With concurrence from the affected Certified
Neighborhood Council, the Commission may defer its decision on the application until
its next regularly scheduled meeting in order to receive additional information on a
matter brought to its attention during its public hearing or to allow for more time to
consider the application.

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Plan for a Citywide System of Neighborhood Councils

(e) If the Commission approves the application, the affected Certified Neighborhood
Council shall be deemed de-certified and will be no longer be recognized as a
Certified Neighborhood Council in the City of Los Angeles.

(f) If the Commission approves the application, any members of the Governing Body of
the affected Certified Neighborhood Council may, within five meeting days of the City
Council during which the Council has convened in regular session, file an appeal with
the City Council. The appeal will automatically be placed on the Council's next
regular agenda for Council consideration. The Council may, by ten votes, sustain,
reverse, or modify the Commission's decision.

(g) A Certified Neighborhood Council shall return all City-owned resources, including
unexpended City-appropriated funds, to the City immediately upon its decertification.

6. Voluntary De-Certification of a Certified Neighborhood Council

A Certified Neighborhood Council may petition the Commission to be de-certified as a

Certified Neighborhood Council in the City of Los Angeles.

(a) An Application to De-Certify a Certified Neighborhood Council, as prescribed by
DONE, shall be completed and signed by at least 3/4 of the Governing Body of the
affected Certified Neighborhood Council seeking de-certification. The application
shall be filed with DONE.

(b) DONE shall have ten business days, from the date of receipt of an application, to
prepare, translate (if necessary), and post public notices that a group has applied for
de-certification according to the following:

(i) A copy of the notice shall be posted in at least five public, easily accessible
places within the boundaries of the affected Neighborhood Council, and
shall post the notice on DONE's Web site. Examples of appropriate
posting locations include, but are not limited to, libraries, police stations, or
fire stations.

(ii) Copies of the notice shall be posted for 15 business days.

(c) Within ten business days after the expiration of the 15 business day public
notice period described in Article VI, Section 6(b)(ii), the Commission shall
conduct a public hearing to take testimony from members of the public
regarding the proposed de-certification application. The following shall apply:

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Plan for a Citywide System of Neighborhood Councils

(i) The public hearing shall be conducted as part of the Commission’s next
regularly scheduled meeting or as part of a special meeting if no regularly
scheduled meeting falls within said ten business-day period.

(ii) The Commission meeting shall be conducted within the boundaries of the affected
Certified Neighborhood Council proposed for de-certification.

(d) During the meeting where the Commission conducts a public hearing for the purpose
of considering a de-certification application, and at the close of the public comment
period and after the Commission's deliberations, the Commission shall either approve
or reject the de-certification application. The Commission may defer its decision on
the application until its next regularly scheduled meeting in order to receive additional
information on a matter brought to its attention during its public hearing or to allow for
more time to consider the application.

(f) If the Commission rejects the de-certification application, Community Stakeholders of
the affected Certified Neighborhood Council, who have regularly attended the affected
Certified Neighborhood Council's meetings, that has filed for de-certification and who
disagree with the Commission's decision may appeal. The applicants may, within five
meeting days of the City Council during which the Council has convened in regular
session, file an appeal with the City Council. The appeal will automatically be placed
on the Council’s next regular agenda for Council consideration. The Council may, by
ten votes, sustain, reverse, or modify the Commission's decision.

(g) A Certified Neighborhood Council shall return all City-owned resources, including
unexpended City-appropriated funds, to the City immediately upon its decertification.

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Plan for a Citywide System of Neighborhood Councils

Article VII

Responsibilities of the Department of Neighborhood Empowerment

At a minimum, the Department of Neighborhood Empowerment shall:

1. Implement and oversee compliance with City ordinances and regulations relating to a
Citywide system of Neighborhood Councils.

2. Assist neighborhoods and Certified Neighborhood Councils with public and civic
education, outreach, and training with an emphasis given to areas that have traditionally
low rates of participation in government.

3. Assist applicants and neighborhoods with preparation of all petitions and forms
referenced in this Plan, identify suitable Neighborhood Council boundaries, and organize
Neighborhood Councils in accordance with this Plan.

4. Help coordinate meetings and facilitate communication among Certified Neighborhood
Councils that request assistance.

5. Help coordinate, arrange, and convene the biannual Congress of Neighborhood Councils
meetings.

6. Promote and facilitate open communication among City agencies and Certified
Neighborhood Councils, and provide education, guidance, and assistance in developing
strategies for providing comments and feedback to the City Council and its committees
and City boards and commissions.

7. Assist Certified Neighborhood Councils with the election or selection of their Governing
Body.

8. Provide operational support to and facilitate the sharing of resources among Certified
Neighborhood Councils, including, but not limited to, meeting and office space, office
equipment, and mail and communications in order to communicate among constituents,
Certified Neighborhood Councils, and government officials.

9. Create and maintain a database of information about Certified Neighborhood Councils,
including, among other information, names and contact information that will be available
for public use.

10. Act as an information clearinghouse and resource to Certified Neighborhood Councils.

11. Create and maintain an Early Notification System as prescribed in this Plan.

12. Assure equal opportunity to form and develop Certified Neighborhood Councils. DONE
shall assist groups and Community Stakeholders seeking Certified Neighborhood Council
status by:

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Plan for a Citywide System of Neighborhood Councils

(a) Helping understand the processes and procedures for establishing a Certified
Neighborhood Council.

(b) Assisting with completion of certification application.

(d) Mitigating barriers to participation, such as the need for translation and childcare
services.

13. Review and evaluate the Citywide system of Neighborhood Council. As part of its annual
report, DONE shall provide information on the size, geographic scope, and economic and
demographic conditions of areas of the City in which Certified Neighborhood Councils
have and have not been certified.

14. Report quarterly, commencing from the adoption date of this Plan, to the appropriate
Council Committee on the Department's certification efforts, and on strategies and
recommendations for certifying areas with traditionally low rates of civic participation in
government to ensure participation by all the City's neighborhoods in the certification
process.

15. Arrange training for Neighborhood Councils' officers and staff.

16. Provide adequate levels of staffing, with consideration to resource availability, for each
Certified Neighborhood Council.

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Plan for a Citywide System of Neighborhood Councils

Article VIII

Early Notification System

DONE shall create and maintain an Early Notification System (ENS) in accordance with City

Charter Section 907. The ENS is designed to supplement current state and local laws

regarding public notification. The ENS will operate according to the following:

1. Subject to all other provisions of this Plan, all Certified Neighborhood Councils shall be
provided access to a computer and to the Internet. DONE shall provide technical training
on the use of a computer to each Certified Neighborhood Council.

2. An ENS Web site shall be created and maintained where information regarding the City
Council and its committees and City boards and commissions will be available.

3. In addition to accessing information through the ENS Web site, Certified Neighborhood
Councils will be able to subscribe to services whereby they will receive electronic mail
notifications regarding updates to the information on the ENS Web site.

4 . Information on the ENS Web site shall be provided as soon as is practical so that
Certified Neighborhood Councils are afforded an opportunity to prepare and provide
comments before decisions are made.

5. The City shall provide each Certified Neighborhood Council with ; an electronic mail (e-
mail) address. The use of this e-mail address shall be limited strictly to official Certified
Neighborhood Council business, such as communicating with Neighborhood Council
Community Stakeholders about meeting times and places and communicating with the
City on matters of importance to the Certified Neighborhood Council. Each Certified
Neighborhood Council shall be required to use the City's officially designated e-mail
address to correspond with City departments and agencies if the Certified Neighborhood
Council expects their correspondence to be entered into the public record.

6. Certified Neighborhood Councils shall be allowed to provide comment and feedback
electronically to the City Council, its committees, and City boards and commissions via
the ENS.. Comments from a Certified Neighborhood Council’s officially designated e-mail
address (as described in Article VIII, Section 5) shall be printed and placed into the public
record.

7. DONE may coordinate additional information for distribution through the ENS from public
or private entities as they directly relate to Certified Neighborhood Councils and issues
affecting Certified Neighborhood Councils, provided that they are subject to all
regulations and requirements of this Plan.

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Plan for a Citywide System of Neighborhood Councils
Article IX
Funding*

1. At the beginning of each fiscal year, the Mayor and Council shall appropriate money for
Certified Neighborhood Councils for costs related to the functions, operations, and duties
of being a Certified Neighborhood Council. Such functions, operations, and duties
include, but are not limited to, meeting and office space, office equipment, computers,
supplies, and communications, such as costs associated with newsletters, postage, or
printing written materials. At the discretion of each neighborhood council, and as
approved by the DONE, all or part of the money so appropriated may be used for
neighborhood improvement projects.

2 . Any money which the Mayor and Council appropriate as grant funds each fiscal year Shall
be made available to Certified Neighborhood Councils for various neighborhood
improvement projects. In order to be eligible for grant money, a Certified Neighborhood
Council shall submit an application to DONE, as prescribed by DONE. Grant money shall
be awarded to Certified Neighborhood Councils based on criteria and procedures
established by DONE and the Commission. Each Certified Neighborhood Council that
receives grant money shall be required to account for its expenditures pursuant to this
Plan (Article III, Section 2(d)).

*Amended 11/08/02 per Resolution dated November 8, 2002

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Plan for a Citywide System of Neighborhood Councils

Article X

Financial Accountability and Technical Assistance Policy*

1. Preliminary Review of Expenditures

The DONE may make a preliminary review of any expenditure or financial
transactions contemplated by a Certified Neighborhood Council to ensure that it is
acceptable, appropriate, and comports with DONE guidelines and laws that pertain.
Where a Certified Neighborhood Council is unsure whether a proposed expenditure is
appropriate, it shall make a written request for guidance from the DONE on the matter
before any commitment to expend funds is made or the transaction is completed.

2. Expenditure Oversight

The DONE may monitor and review any and all financial transactions made by a
Certified Neighborhood Council as follows:

(a) Computer based [on-line] review of any information concerning Commercial
Prepaid Card transactions, negotiable instruments, or any other applicable
method by which Certified Neighborhood Councils may access City funds and
make financial transactions.

(b) On-site review of any Certified Neighborhood Council’s accounts, statements,
books, records, receipts, invoices, or any other document that evidences any
financial transaction.

(c) A DONE in-house review of any Certified Neighborhood Council’s accounts and
business records prior to releasing funds to the Certified Neighborhood Council for
the conduct of its business.

3. Admonition

When the DONE determines that a Certified Neighborhood Council has failed to
account for its funds or has misused its funds, then the DONE may issue a Fiscal
Responsibility Admonition Letter informing the Certified Neighborhood Council of the
problem. Where the DONE deems it necessary, the Financial Responsibility
Admonition Letter may request as follows:

(a) That the Certified Neighborhood Council take specific corrective action to comply
with Generally Accepted Accounting Principles or those prescribed by the DONE
under the Neighborhood Council Funding Program.

(b) That the Treasurer, or any other Certified Neighborhood Council representative,
shall meet with the DONE staff to discuss accounting practices or any other
financial matter involving the Certified Neighborhood Council and, thereafter, follow
a remedial plan as prescribed by the DONE.

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Plan for a Citywide System of Neighborhood Councils

4. Corrective Action and Remedial Measures

If the DONE determines that a Certified Neighborhood Council has misused its funds,
then the DONE may impose corrective action or remedial measures on the Certified
Neighborhood Council. The DONE’s decision to impose corrective action or remedial
measures, or both, is final; except where de-certification is initiated as set forth in
Section 22.810.1(e)(2) of the Los Angeles Administrative Code.

5. Corrective Action

As outlined in the DONE’s Fiscal Responsibility Admonition Letter, the
corrective action prescribed by the DONE may include, but is not limited to,
the following:

(a) Denying funding requests for payment on purchases or transactions deemed
unacceptable or a misuse of public funds.

(b) Suspending all access to and the use of Certified Neighborhood Council funds,
including Commercial Prepaid Cards or City issued demand warrants.

(c) Reducing funding to a Certified Neighborhood Council in amounts that
equal or approximate the amount necessary to compensate for, or
remedy, any unacceptable purchase or financial transaction, or to redeem
misused public funds; including any administrative or incidental costs
associated therewith.

6. Remedial Measures

The DONE is authorized to impose remedial measures on any Certified
Neighborhood Council when the Department determines that an unacceptable
purchase, financial transaction, or misuse of public funds has occurred, or may occur,
in violation of accounting principles, DONE guidelines, or laws that pertain. Any
remedial measures imposed by DONE will be identified in a Fiscal Responsibility
Admonition Letter and may include any combination of corrective actions and
remedial measures that the DONE deems appropriate under the circumstances.

In an effort to insure that the Certified Neighborhood Councils operate in a fiscally
responsible manner and to support the financial integrity of the Neighborhood Council
Funding Program, the Department may impose the following remedial measures:

(a) Require mandatory supplemental training for any treasurer or fiscal agent of a
board or, if necessary, the entire board of the Certified Neighborhood Council.

(b) Require that the Certified Neighborhood Council develop and commit to a written
remedial action plan within 45 days from the date when the DONE mails a Fiscal
Responsibility Admonition Letter imposing such a measure.

Page 23 of 24

Plan for a Citywide System of Neighborhood Councils

(c) Require that the Certified Neighborhood Council be placed on formal probation
when the DONE determines that a Certified Neighborhood Council has been
repeatedly deficient in its accounting practices or has consistently mishandled or
misused its funds.

(d) Require that the Certified Neighborhood Council immediately relinquish all access
to, and tender all control of, its business records and funds to the DONE. The
DONE may impose this measure when it determines that the Certified
Neighborhood Council has not complied with the corrective or remedial measures
outlined in a previous Financial Admonition Letter, the prospect of rectifying the
problem is unlikely, or the circumstances require immediate action to safeguard
public funds.

(e) Refer the matter to the Commission with a recommendation that the Certified
Neighborhood Council be involuntary decertified as set forth in section
22.810.1(e) (2) of the Los Angeles Administrative Code. DONE may recommend
decertification when it determines that a Certified Neighborhood Council is
incapable of handling its accounts, its Governing Body refuses to follow the
advice, corrective action, or remedial measures outlined by the DONE, or the
circumstances require immediate action to safeguard public funds.

(f) Refer the matter to the appropriate department, commission, or law enforcement
agency when the Department has reasonable cause to believe that someone has
engaged in unlawful or criminal activity involving a Certified Neighborhood
Council’s public funds.

* Added per Resolution dated October 25,2006

Page 24 of 24

;

ADMINISTRATIVE

CHAPTER 28

THE DEPARTMENT OF NEIGHBORHOOD EMPOWERMENT

Article

1 Duties of the Department

2 Control and Management

L.A.A.C.

22-231

CHAPTER 28, ARTICLE 1
DUTIES OF THE DEPARTMENT

Section

22.800 Purposes.

22.801 Duties of the Department.

Sec. 22.800. Purposes.

There shall be a department in the City government
known as the Department of Neighborhood Empowerment
which shall be referred to in this chapter as the
“Department” . This Department shall be charged with the
goal of promoting increased public participation in
government and working to make government more
responsive to local needs. The Department shall ensure that
every part of the City is within the boundaries of a
neighborhood council. The Department shall provide equal
opportunity for all by enabling neighborhood groups to form
neighborhood councils. The Department shall facilitate the
delivery of City services to the neighborhoods by helping to
identify and coordinate the needs of the communities with
the responsibilities of the City departments by coordinating
and involving the relevant City staff in integrated
problem-solving with the neighborhood councils.

SECTION HISTORY

Chapter, Article and Section Added by Ord. No. 172,728, Eff.
8-30-99.

Sec. 22.801. Duties of the Department.

The Department shall:

(a) implement and oversee compliance with
City ordinances and regulations relating to a system of
neighborhood councils;

(b) prepare a Neighborhood Council Plan (Plan)
for the creation of a system of neighborhood councils
to ensure that every part of the City is Within the
boundary of a neighborhood council and that each
neighborhood has an opportunity to form a
neighborhood council, in accordance with Section
22.809;

(d) assist neighborhoods in preparing petitions
for recognition or certification, identifying boundaries
that minimize the division of communities and
organizing themselves in accordance with the Plan;

(e) help neighborhood councils to meet together
on a citywide basis and facilitate these meetings if and
when requested to do so by recognized neighborhood
councils;

(f) assist neighborhood councils with the
election or selection of their officers;

(g) assist neighborhood councils to share
resources, including offices, equipment and other
forms of support and to communicate with
constituents, other neighborhood councils and with
government officials;

(h) arrange training for department staff and
neighborhood councils’ officers and staff, such as
training in leadership, cultural awareness, dispute
mediation, civics, communications, equipment
utilization and any other training necessary to achieve
the goals set forth in Section 22.809;

(i) arrange community empowerment education
for top level City officials, including elected officials
and commissioners;

(j) with the assistance of the Information
Technology Agency, create and maintain an internal
and external information and communication network,
including a Citywide database of neighborhood
organizations and similar information, that would be
available for public use;

(k) help coordinate the relationships between
existing and newly created advisory committees and
neighborhood councils;

22-232

L.A.A.C.

Chapter 28, Article 1

Department of Neighborhood Empowerment

§ 22.801

(l) perform other duties as provided by
ordinance;

(m) ensure that notification required in Section
22.809(f) is provided to the neighborhood councils
along with sufficient committee or staff reports on the
matters of interest to facilitate meaningful
participation; and

(n) facilitate city wide meetings to be held, on at
least a semi-annual basis, of representatives of all
neighborhood councils.

(o) ensure that neighborhood councils have
adequate office and meeting space to conduct their
business by facilitating the shared utilization of City
owned or leased space, coordinating the acceptance
and use of donated space by private donors, as well as
securing suitable office and meeting space on behalf of
certified neighborhood councils. The Department shall
have the authority to execute standard short-term rental
and lease agreements with a duration of one year or
less for the purpose of fulfilling its obligations under
this subsection, pursuant to Department of
Neighborhood Empowerment guidelines.

SECTION HISTORY

Added by Ord. No. 172,728, Eff. 8-30-99.

Amended by: Ord. No. 175,937, Eff. 6-1-04.

L.A.A.C.

22-233

Rev. 7 (2004)

CHAPTER 28, ARTICLE 2

CONTROL AND MANAGEMENT

Section

22.802 General Manager,

22.803 Appointment and Removal of the General
Manager.

22.804 Powers and Duties of the General Manager.

22.805 Board of Neighborhood Commissioners.

22.806 Powers and Duties of the Board,

22.807 Conflict of Interest.

22.808 Organization and Meetings of the Board.

22.809 Development of the Neighborhood Council
Plan.

22.810 Implementation of the Plan.

22.810.1 Regulations Implementing the Plan for a

Citywide System of Neighborhood Councils
(Plan).

22.811 Certification of Neighborhood Councils.

22.812 Annual City Budget Priorities.

22.813 Monitoring of City Services.

Sec. 22.802. General Manager.

The Department shall be under the control of a General
Manager.

SECTION HISTORY

Article and Section Added by Ord. No. 172,728, Eff. 8-30-99.

Sec. 22.803. Appointment and Removal of the General
Manager.

The General Manager shall be appointed by the Mayor,
subject to confirmation by the Council, and may be removed
by the Mayor, as provided in Charter Section 508.

SECTION HISTORY
Added by Ord. No. 172,728, Eff. 8-30-99,

Sec. 22.804. Powers and Duties of the General
Manager.

The powers and duties of the General Manager shall be
those specified in Charter Section 510.

SECTION HISTORY
Added by Ord. No. 172,728, Eff. 8-30-99.

Sec. 22.805. Board of Neighborhood Commissioners.

(a) The Board of Neighborhood Commissioners shall
consist of seven board members and be referred to in this
chapter as the “Board” or the “Commission”.

(b) The Board shall be comprised of seven members,
all of whom shall represent the City in its entirety. The
members shall reflect the diverse geographic areas of the
City and the diversity of communities of interest,
neighborhoods, ethnicity, race, gender, age and sexual
orientation.

(c) The Board members shall be appointed by the
Mayor and confirmed by the Council and may be removed
by the Mayor and vacancies filled in accordance with the
provisions of the City Charter.

SECTION HISTORY

Added by Ord. No. 172,728, Eff. 8-30-99.

Sec. 22.806. Powers and Duties of the Board.

The Board shall be responsible for setting and
overseeing policy, approving contracts and leases and
promulgating rules and regulations. It shall not be
responsible for the day-to-day management of the
Department.

SECTION HISTORY
Added by Ord. No. 172,728, Eff. 8-30-99.

Rev. 11 (2005)

22-234

L.A.A.C.

Chapter 28, Article 2

Department of Neighborhood Empowerment

§ 22.809

Sec. 22.807. Conflict of Interest.

Members of tbe Board and Board nominees shall be
subject to all ethics and conflict of interest laws and
regulations applicable to governing boards and commissions
in the City of Los Angeles.

SECTION HISTORY
Added by Ord. No. 172,728, Eff. 8-30-99.

Sec. 22.808. Organization and Meetings of the Board.

(a) The Board shall adopt rules of order and appoint
from among its members a president and vice-president who
each shall hold office for one year or until their successors
are elected, unless their respective membership on the Board
ceases sooner. The Board shall hold regular public meetings
at least twice each month and may hold meetings more often
if necessary to conduct business. All meetings shall be
noticed and held in accordance with law. Members of the
Board shall be paid $50 per meeting for each meeting of the
Board attended, not to exceed $250 in any one calendar
month.

(b) At least four members shall constitute a quorum,
but a smaller number may adjourn from time to time until a
quorum is present. The Board may establish a committee or
committees composed of three of its members to consider
matters for, to conduct hearings on behalf of, and make
recommendations to the board on matters relating to
neighborhood empowerment.

(c) The powers conferred on the Board shall be
exercised by order or resolution adopted by a majority of its
members and recorded in the Board’s minutes.

SECTION HISTORY

Added by Ord. No. 172,728, Eff. 8-30-99.

Amended by: Ord. No. 173,492, Eff. 10-10-00.

Sec. 22.809. Development of the Neighborhood
Council Plan.

The Department of Neighborhood Empowerment shall
seek public input in its development of a Plan for a City wide
system of neighborhood councils. The Plan shall contain a
statement of goals, policies and objectives of the
Neighborhood Council system, and shall contain specific
regulations, in draft ordinance format. These regulations,

when adopted by ordinance, shall be sufficient to implement
the Plan and shall conform with the following:

(a) The regulations shall establish the method
by which boundaries of neighborhood councils will be
determined based on standards adopted by the
Commission and approved by City Council. The
system for determining boundaries shall maintain
neighborhood boundaries to the maximum extent
feasible and may consider community planning district
boundaries where appropriate.

(b) The regulations must ensure that all areas of
the City are given an equal opportunity to form
neighborhood councils.

(c) The regulations shall establish the procedure
and criteria for recognition or certification of
neighborhood councils.

(d) The regulations shall not restrict the method
by which the members of a neighborhood council are
chosen, if the process otherwise satisfies the
requirements of this article.

(e) The regulations shall require that
neighborhood councils adopt fair and open procedures
for the conduct of their business. However,
neighborhood council meetings are not all required to
be held within the boundaries of the area represented
by the neighborhood council.

(f) Early Notification Procedures. The

regulations shall establish procedures for receiving
input from neighborhood councils prior to decisions by
the City Council, City Council committees and boards
and commissions. The procedures shall include, but
need not be limited to, notice to neighborhood councils
as soon as practical and a reasonable opportunity to
provide input before decisions are made. That notice
shall be required for matters that will be considered by
the City Council, City Council committees, City
boards or commissions and any other City official who
is required to hold a noticed public hearing. However,
failure of a neighborhood council to receive notice
shall not invalidate any action of the City Council, City
Council Committees, City boards or commissions or
any other City official.

SECTION HISTORY
Added by Ord. No. 172,728, Eff. 8-30-99.

L.A.A.C.

22-235

Rev. II (2005)

§ 22.810 DEPARTMENTS, ETC., UNDER CONTROL OF MAYOR AND COUNCIL Division 22

Sec. 22.810. Implementation of the Plan.

The Department of Neighborhood Empowerment shall
complete development of the Plan and present it and all
necessary regulations for a system of neighborhood councils
to the Council and Mayor within one year of the
establishment of the department and commission. The
Council shall consider the regulations and, within six months
after presentation of the Plan to Council, may adopt
ordinances to implement the regulations as proposed or as
modified by the Council consistent with the requirements of
the plan set forth above in Section 22.809. If implementing
ordinances are not adopted within the time period set forth
in Charter Section 905, then the regulations adopted by the
Board shall become effective, and to the extent not
inconsistent with law shall be binding upon all City
departments and offices.

SECTION HISTORY

Added by Ord. No. 172,728, Eff. 8-30-99.

Sec. 22.810.1. Regulations Implementing the Plan for
a Citywide System of Neighborhood Councils
(Plan).

(a) Department Responsibilities. In addition to the
responsibilities set forth in Article IX of the City Charter
and Section 22.801 of this Code, the Department of
Neighborhood Empowerment (Department) shall:

(1) Assist all groups and stakeholders seeking
certification so they will have an equal opportunity to
form and develop Neighborhood Councils by:

(A) Providing assistance to areas of the
City with traditionally low rates of participation
in government;

(B) Helping communities understand the
processes and procedures for establishing a
Neighborhood Council;

(D) Mitigating barriers to participation,
such as the need for translation and child care
services.

(2) Assist neighborhoods and Neighborhood
Councils with public and civic education, outreach and

training with an emphasis given to areas that have
traditionally low rates of participation in government.

(3) Assist applicants and neighborhoods to
prepare all petitions and forms referenced in the Plan,
to identify suitable Neighborhood Council boundaries,
and organize Neighborhood Councils in accordance
with the Plan.

(4) Assist Neighborhood Councils with the
election or selection of their governing body.

(5) Help coordinate meetings and facilitate
communication among Neighborhood Councils that
request assistance.

(6) Help coordinate, arrange, and convene the
biannual Congress of Neighborhood Councils
meetings.

(7) Promote and facilitate open communication
among City agencies and Neighborhood Councils, and
provide education, guidance and assistance in
developing strategies for providing comments and
feedback to the City Council and its committees and
City boards and commissions.

(8) Provide operational support and facilitate
the sharing of resources among Neighborhood
Councils, including, but not limited to, meeting and
office space, office equipment, and mail and
communications in order to communicate among
constituents, Neighborhood Councils, and government
officials.

(9) Create and maintain a database of
information about Neighborhood Councils, including,
among other information, names and contact
information that will be available for public use.

(10) Act as an information clearinghouse and
resource to Neighborhood Councils.

(11) Coordinate efforts to establish and ensure
continued operation of the Early Notification System as
prescribed in the Plan.

(12) Arrange training for Neighborhood
Councils’ officers and staff.

(13) Review and evaluate the Neighborhood
Council System on an annual basis. As part of its

Rev. 11 (2005)

22-236

L.A.A.C.

Chapter 28, Article 2

Department of Neighborhood Empowerment

§ 22.810.1

annual report, the Department shall provide
information on the size, geographic scope, and
economic and demographic conditions of areas in
which Neighborhood Councils have and have not been
certified.

(14) Report quarterly, commencing from the
adoption date of the Plan, to the appropriate Council
Committee on the Department’s certification efforts,
and on strategies and recommendations for certifying
areas with traditionally low rates of civic participation
in government to ensure participation by all the City’s
neighborhoods in the certification process.

(15) Provide adequate levels of staffing, with
consideration to resource availability, for each
Neighborhood Council.

(b) Certification of Neighborhood Councils.

(1) Department Responsibilities. The
Department shall have the following responsibilities:

(A) Announce and inform the public of the
Neighborhood Council certification process
Citywide.

(B) Actively promote the formation of
Neighborhood Councils Citywide, giving
emphasis to those areas and community
stakeholder groups with traditionally low rates of
civic participation in government.

(D) Provide technical assistance on how to
proceed with a unified certification application.

(E) Provide dispute resolution services to
applicants where more than one application is
submitted for a Neighborhood Council boundary
area to gain consensus on a unified certification
application.

(2) Qualification and Criteria for
Neighborhood Council Certification. Any group of
persons in a community may seek certification as a
Neighborhood Council by presenting an application to
the Department that includes the following
information:

(A) A boundary proposal that sets forth the
rationale for the boundary choice, and shows how
the boundaries comply with the following
Boundary Goal Criteria:

(i) The proposed area has a

minimum of 20,000 residents. However,
areas that have fewer than 20,000 residents
may be considered for certification
providing they meet the following criteria
and otherwise meet all other requirements
of the Plan:

(1) The proposed area is

separated from adjacent communities
by significant geographic or other
features; or

(2) The proposed area is

identified by name within any of the
adopted community plans within the
City of Los Angeles; or

(3) The proposed area
represents an historic, identifiable
neighborhood or community and
includes local City service providers,

' such as a public library, park or
recreation center, fire or police station
or a public school.

(ii) The proposed area, to the
maximum extent feasible, follows historic
and contemporary community and
neighborhood borders, utilizes natural
boundaries or street lines and is
geographically compact and contiguous.

(iii) Neighborhood Council
boundaries may not overlap with other
Neighborhood Council boundaries unless
the area proposed for inclusion into each
Neighborhood Council is designated for a
public use, such as a park, school, library,
police or fire station or major thoroughfare
or contains a landmark or facility with
historical significance.

The application proposal for
overlapping boundaries with another
Neighborhood Council must include a
detailed rationale for incorporating the
proposed area.

L.A.A.C.

22-236A

Rev. 11 (2005)

§ 22.810.1(b)(2) DEPARTMENTS, ETC., UNDER CONTROL OF MAYOR AND COUNCIL

Division 22

(B) A detailed description of the outreach
process used to identify community stakeholders
within the proposed Neighborhood Council
boundary as well as the following:

(i) Proof of the collection of no less
than 200 and no more than 500 signatures
from community stakeholders within the
proposed Neighborhood Council
boundaries.

(ii) Signatures shall, to the maximum
extent feasible, reflect the broadest array of
community stakeholders who will be active
participants in the Neighborhood Council.

(i) The Neighborhood Council
name.

(ii) A statement that the
Neighborhood Council membership is open
to all community stakeholders.

(iii) A list of the offices of its
governing body and its method for regularly
electing or selecting its officers who shall
serve as the governing body subject to the
following:

(1) The governing body must,
to the extent possible, reflect the
diversity of the Neighborhood
Council's community stakeholders.
No single stakeholder group may
comprise a majority of the
Neighborhood Council's governing
body, unless approved by the
Department upon a showing of
extenuating circumstances.

(2) No person may serve more
than eight consecutive years in any
office of the governing body.

(3) The governing body shall
include an officer named “Treasurer, ”
whose duties shall include, but not be
limited to, maintaining the
Neighborhood Council's book of

accounts and submitting account
statements to the Department no less
than once but not more than three
times during the fiscal year, as
prescribed by the Department.

(iv) A description of its meeting
procedures which shall include provisions
that each Neighborhood Council shall do the
following:

(1) Meet at least once per
calendar quarter.

(2) Obey any or all applicable
sections of the state’s Ralph M.
Brown Act.

(3) Establish procedures for
communicating with all Neighborhood
Council community stakeholders on a
regular basis in a manner that ensures
that information is disseminated
throughout and in a timely manner.

(4) Adopt procedures for
running meetings, including provisions
that identify: the number of governing
body members that constitute a
majority and a quorum; the number of
votes by which a governing body may
take an action on a matter before it;
the manner in which an action by the
governing body can be reconsidered,
if at all.

(v) The method it will use to
address grievances and resolve
disputes by which an individual
community stakeholder or group of
community stakeholders of a
Neighborhood Council may express
concerns to their Neighborhood
Council about its actions.

(D) A description of its system of
financial accountability that meets the
requirements set forth in Article III, Section
2(d) of the Plan.

(E) An acknowledgment and
agreement that the Neighborhood Council
will abide by any applicable provisions of

22-236B L.A.A.C.

Rev. 11 (2005)

Chapter 28, Article 2

Department of Neighborhood Empowerment

§ 22.810.1(c)(3)

the City’s Governmental Ethics Ordinance,
as set forth in Los Angeles Municipal Code
Section 49.5.1 et seq., and an
acknowledgment and agreement that it will
abide by all applicable laws of the federal,
state and local government.

(F) The names of no fewer than three
and no more than five individuals who shall
act as official contacts between the
applicants and the Department until the
Neighborhood Council is certified.

(1) Certification. The Department will review
and make an evaluation of the certification application
to determine whether the application meets all of the
criteria set out in Article III, Section 2 of the Plan.

(2) Department Responsibilities. Once a
certification application is submitted to the
Department, the Department shall evaluate the
application to determine whether it is complete. After
determining that an application is complete and that it
describes a specific set of boundaries for a proposed
Neighborhood Council, the Department shall forward
the application, any accompanying information, and its
recommendation to the Board of Neighborhood
Commissioners (Commission) for consideration and
notify the Neighborhood Council in writing that the
application has been forwarded to the Commission for
its consideration. The Department shall evaluate the
certification application and make a recommendation
to the Commission pursuant to the procedures set forth
in Article IV of the Plan.

(A) If the Department receives two or
more certification applications that identify the
same, similar, or overlapping Neighborhood
Council boundaries, the Department shall
immediately notify in writing all contacts, as
required to be identified in Paragraph (F) of
Subdivision (2) of Subsection (b) of this section
and Article III, Section 2(f) of die Plan, for all
affected applicant groups in an effort to work
with applicants to produce a unified application.
The procedures set forth in Article IV Section
2(b) of the Plan should then be followed to the
maximum extent feasible.

(B) If at any time during the process as
described in Article IV of the Plan, the

Department determines that an application is not
complete, it shall return the application to the
applicants along with a written description of the
missing components required for the certification
application. Applicants may thereafter at any
time re-submit the application after amending it
to meet all the necessary criteria.

(C) If the Department fails to evaluate or
make a recommendation on the application as set
forth in Article IV, Section 2 of the Plan, the
Department shall forward the application to the
Commission for its consideration without the
Department’s recommendation.

(3) Before the Commission acts on a proposed
certification, the matter shall be set for a public
hearing. The Department shall post public notices, as
set forth in Article IV, Section 3 of the Plan, setting
forth the time, place and purpose of the hearing, which
shall be posted within the boundaries of the proposed
Neighborhood Council for 15 days. The notices shall
be translated in accordance with the provisions set
forth in Article IV, Section 3 of the Plan.

Notice of the time, place and purpose of the
hearing shall also be mailed to the applicant and to the
contacts identified in the application as required in
Paragraph (F) of Subdivision (2) of Subsection (b) of
this section, within the time frames set forth in Article
IV, Section 3 of the Plan. The Commission shall act
on the certification within ten days after the expiration
of the 15 day posting period, unless the Commission’s
regularly scheduled meeting does not fall within this
ten day period or unless the Commission and the
Neighborhood Council applicants agree to an extension
of time.

The Commission meeting should be conducted
within the boundaries of the proposed Neighborhood
Council, if feasible. In a case where two or more
certification applications have identified the same,
similar, or overlapping Neighborhood Council
boundaries, the Commission shall make a final
determination on how the final boundaries of each
Neighborhood Council shall be drawn, giving
consideration to the criteria set forth in Article III,
Section 2(a) of the Plan and any other applicable
provisions of the Plan. The Commission shall either
approve or disapprove the certification application
based upon the criteria set forth above in Subdivision
(2) of Subsection (b) of this section and the criteria set
forth in the Plan.

L.A.A.C.

22-236C

Rev. 11 (2005)

§ 22.810.1(c)(4) DEPARTMENTS, ETC., UNDER CONTROL OF MAYOR AND COUNCIL

Division 22

(4) Appeals. If the Commission approves the
application, the proposed Neighborhood Council shall
be recognized and certified as a Neighborhood
Council. If the Commission disapproves the
application, the applicants may appeal to the City
Council within the time as set forth in Article IV,
Section 9 of the Plan. The City Council may, by ten
votes, sustain, reverse or modify the Commission's
decision to disapprove a certification application.

(d) Boundary Adjustment.

(1) Adjustment of Boundaries. A
Neighborhood Council may file a petition with the
Commission to adjust its boundaries. All petitions
must meet the criteria set forth in this section and in
Article III, Section 2 of the Plan. Reasons for
boundary adjustments may include, but are not limited
to:

(A) Incorporating an uncertified adjacent
community into the Neighborhood Council;

(B) Reconfiguring the size of the
Neighborhood Council based on a decrease or
increase in population; or

(2) Boundary Adjustment Other Than
Incorporation.

(A) Department Responsibilities. The
Department shall review a petition within 15 days
of its receipt and make a recommendation to the
Commission. Before the Co mmi ssion acts on a
proposed boundary adjustment, the matter shall
be set for a public hearing. Fifteen days prior to
the hearing, the Department shall post public
notices within the boundaries of the
Neighborhood Council, stating the time, place
and purpose of the hearing, as set forth in Article
VI, Section 2(d) of the Plan. The notices shall be
translated in accordance with the provisions set
forth in Article VI, Section 2(d)(ii) of the Plan.

Council, if feasible. The Commission shall act
on the boundary adjustment within ten days after
the expiration of the 15-day posting period,
unless the Commission’s regularly scheduled
meeting does not fall within this ten day period or
unless the Commission and the Neighborhood
Council applicants agree to an extension of time.

(B) Commission Action. The
Commission shall consider the recommendation
of the Department, review the petition and
determine whether the petition meets the criteria
of this ordinance and Article VI, Section 2 of the
Plan at a public hearing, noticed as set forth in
Paragraph (2)(A) above, and make its
determination within ten days of receipt of the
Department’s recommendation, unless the
Commission’s regularly scheduled meeting does
not fall within this ten day period or unless the
Commission and the Neighborhood Council
applicants agree to an extension of time.

(C) Appeals. If the Commission approves
the petition, die Neighborhood Council boundary
shall be determined to be changed in accordance
with the petition. If the Commission disapproves
the petition, the Neighborhood Council may
appeal to the City Council within the time set
forth in Article VI, Section 2(b) of the Plan. The
City Council may, by ten votes, sustain, reverse
or modify the Commission’s decision to
disapprove a boundary adjustment petition.

(3) Incorporation Into Adjoining
Neighborhood Councils. The Commission shall have
the authority to expand a Neighborhood Council’s
boundary in order to incorporate an area of the City
that has not formed a Neighborhood Council into the
boundary of another, adjoining Neighborhood Council
provided that:

(A) The proposed area to be incorporated
into a Neighborhood Council’s boundary lies
between two or more Neighborhood Councils;

(B) The proposed area to be incorporated
does not qualify for certification under the
provisions of this Plan; and

(C) Community stakeholders of the
proposed area to be incorporated and of the
affected Neighborhood Council agree to the
proposed incorporation.

Rev. 11 (2005)

22-236D

L.A.A.C.

Chapter 28, Article 2

Department of Neighborhood Empowerment

§ 22.810.1(e)(1)

(4) Incorporation Initiated by an Entity
Other than the Commission. An incorporation
petition may be submitted by an entity other than the
Commission, if community stakeholders of the area to
be incorporated and of the affected certified
Neighborhood Council have agreed to the proposed
incorporation.

(A) Department Responsibilities. After
determining that an incorporation petition
initiated by community stakeholders or an entity
other than the Commission is complete, the
Department shall forward the petition, any
accompanying information and its
recommendation to the Commission for
consideration, The Department shall notify the
Neighborhood Council in writing that the petition
has been forwarded to the Commission for its
consideration. The Department shall evaluate the
petition and make a recommendation to the
Commission pursuant to the procedures set forth
in Article VI of the Plan.

(i) If at any time during the process
as described in Article VI of the Plan, the
Department determines that a petition is not
complete, it shall return the petition to the
applicants along with a written description
of the missing components required for the
petition. Applicants may thereafter at any
time re-submit the application after
amending it to meet all the necessary
criteria.

(ii) If the Department fails to
evaluate or make a recommendation on the
petition as set forth in Article VI, Section
2(d) of the Plan, the Department shall

• forward the application to the Commission
for its consideration without the
Department’s recommendation.

(B) Commission Action. Before the
Commission acts on the petition, the matter shall
be set for a public hearing. The Department shall
post public notices, as set forth in Article VI,
Section 2(d) of the Plan, stating the time, place
and purpose of the hearing, which shall be posted
within the boundaries of. the proposed
Neighborhood Council for 15 days. The notices
shall be translated in accordance with the
provisions set forth in Article VI, Section 2(d)(ii)
of the Plan.

Notice of the time, place and purpose of the
hearing shall also be mailed to the applicant
pursuant to the time frames set forth in Article
VI, Section 2(d) of the Plan. The Commission
meeting should be conducted within the
boundaries of the proposed Neighborhood
Council, if feasible. The Commission shall act
on the incorporation petition within ten days after
the expiration of the 15-day posting period,
unless the Commission’s regularly scheduled
meeting does not fall within this ten day period or
unless the Commission and the Neighborhood
Council applicants agree to an extension of time.

(C) Appeals. If the Commission approves
the petition, the proposed area shall be
incorporated into the Neighborhood Council
named in the Incorporation Petition. If the
Commission disapproves the petition, the
applicants may appeal that decision to the City
Council within the time frames set forth in
Article VI, Section 2(d)(vii) of the Plan. The
City Council may, by ten votes, sustain, reverse
or modify the Commission’s decision to
disapprove the petition.

(e) Complaints Concerning Neighborhood
Councils, De-Certification.

(1) Complaints Concerning Neighborhood
Councils. If the Department receives a complaint of
a violation of any provision of the Plan, including, but
not limited to, a violation of open meeting procedures,
a failure to comply with the diversity goals of the Plan,
violations of the code of ethics, and/or violations of the
Neighborhood Council Election Procedures, the
Department shall notify the Neighborhood Council of
these complaints and take steps to resolve the
complaint with the Neighborhood Council. Efforts to
achieve compliance with the Plan and any other
applicable state, federal and local ordinances,
including but not limited to complaints involving
violation of open meeting procedures, a failure to
comply with the diversity goals of the Plan, and/or
violations of the code of ethics must first be made by
the Department prior to initiating an action to
de-certify a Neighborhood Council. For violations of
the Neighborhood Council Election Procedures, the
Department may, on its own, file a report with the
Commission asking it to consider decertification
without a complaint with the Department having first
been filed, provided that the Department has already
taken steps with the Neighborhood Council in an effort

L.A.A.C.

22-236E

Rev. 11 (2005)

§ 22.810.1(e)(1) DEPARTMENTS, ETC., UNDER CONTROL OF MAYOR AND COUNCIL

Division 22

to achieve compliance with the Neighborhood Council
Election Procedures.

(2) Involuntary De-Certification. If the
Department finds that efforts taken pursuant to
Subdivision (1), above, to bring the Neighborhood
Council into compliance with the Plan or applicable
local, state or federal laws have failed, the Department
may initiate de-certification by recommending to the
Commission that the Neighborhood Council be
de-certified.

(A) Department Responsibilities. Once
the Department has determined that efforts taken
pursuant to Subdivision (1), above, to bring the
neighborhood into compliance with the Plan have
not been successful, the Department may initiate
de-certification by taking die steps set forth in
Article VI, Section 5 of the Plan.

(B) Commission Action. Before the
Commission acts on a proposed de-certification,
the matter shall be set for a public hearing.
Fifteen days prior to the hearing, the Department
shall post public notices within the boundaries of
the proposed Neighborhood Council, stating the
time, place and purpose of the hearing, as set
forth in Article VI, Section 5(b) of the Plan. The
notices shall be translated in accordance with the
provisions set forth in Article VI, Section
5(b)(iii) of the Plan. At the same time that
notices are posted pursuant to Article VI, Section
5(b) of the Plan, notice of the time, place and
purpose of the hearing shall also be mailed to the
Neighborhood Council.

The Commission meeting should be
conducted within the boundaries of the proposed
Neighborhood Council, if feasible. The
Commission shall act on the de-certification
within ten days after the expiration of the 15-day
posting period, unless the Commission’s next
regularly scheduled meeting does not fall within
this ten day period or unless the Commission and
the Neighborhood Council agree to an extension
of time.

The Commission may de-certify a
Neighborhood Council based upon substantial
evidence and upon a finding that the
Neighborhood Council has failed to demonstrate
the willingness or ability to comply with the

provisions of the Plan or a finding that the
Neighborhood Council is unwilling or unable to
comply with applicable local, state and federal
laws. If the Commission de-certifies a
Neighborhood Council, it shall no longer be
officially recognized as a certified Neighborhood
Council in the City of Los Angeles and shall
return all City-owned resources, including
unexpended City-appropriated funds, to the City
within five days after the City has taken its final
action to de-certify the Neighborhood Council.

(C) Appeals. If the Commission
de-certifies a Neighborhood Council, the
Neighborhood Council may file an appeal
pursuant to the provisions of Article VI, Section
5(f) of the Plan. The City Council may, by ten
votes, sustain, reverse or modify the
Commission's decision to de-certify the
Neighborhood Council.

(3) Voluntary De-Certification.

(A) A Neighborhood Council may file a
petition with the Commission for de-certification.
A de-certification application must be signed by
at least 3/4 of the governing body of the
Neighborhood Council seeking de-certification
and must also include the following:

(i) Evidence of the processes used
for outreach to stakeholders and the
involvement of stakeholders in the decision
to de-certify;

(ii) Evidence that stakeholders in the
Neighborhood Council area have been
surveyed on the de-certification application;

(iii) Evidence that the Neighborhood
Council’s governing body has widely
publicized within the Neighborhood Council
area the fact that there is an application for
de-certification pending before the
Commission in its Neighborhood Council
area; and

(iv) Evidence that the Neighborhood
Council took its formal action on the
de-certification after giving a 15-day public
notice.

Rev. 11 (2005)

22-236F

L.A.A.C.

Chapter 28, Article 2

Department of Neighborhood Empowerment

§ 22.810.1(g)(1)

(B) Department Responsibilities. Fifteen
days prior to the hearing, the Department shall
post public notices within the boundaries of the
proposed Neighborhood Council, stating the
time, place and purpose of the hearing, as set
forth in Article VI, Section 6(b) of the Plan. The
notices shall be translated in accordance with the
provisions set forth in Article VI, Section
6(b)(iii) of the Plan. At the same time that
notices are posted pursuant to Article VI, Section
6(b) of the Plan, notice of the time, place and
purpose of the hearing shall also be mailed to the
Neighborhood Council.

(C) Commission Action. The
Commission meeting should be conducted within
the boundaries of the Neighborhood Council, if
feasible. The Commission shall act on the
de-certification within ten days after the
expiration of the 15-day notice period, unless the
Commission’s next regularly scheduled meeting
does not fall within this ten day period or unless
the Commission and the Neighborhood Council
agree to an extension of time. The Commission
may de-certify a Neighborhood Council based
upon a finding that the evidence set forth in
Paragraph (A), above, has been shown and a
finding that 3/4 of the governing body of the
Neighborhood Council has consented to the
de-certification.

If the Commission approves the petition, the
Neighborhood Council shall be de-certified and
will no longer be officially recognized as a
certified Neighborhood Council in the City of
Los Angeles and shall return all City-owned
resources, including unexpended City-
appropriated funds, to the City within five days
after the City has made its final decision to
decertify the Neighborhood Council.

(D) Appeals. If the Commission
disapproves the petition, the Neighborhood
Council may file an appeal pursuant to the
provisions of Article VI, Section 6(f) of the Plan.
The City Council may, by ten votes, sustain,
reverse or modify the Commission’s decision to
deny decertification of the Neighborhood
Council.

(f) Early Notification System (ENS).

(1) ENS Website. The Department may assist

the Information Technology Agency in coordinating

the development of an ENS website through which
information may be made available to certified
Neighborhood Councils by the City Council, its
committees, and City boards and commissions.

(2) Procedures for Sharing City Information
with and Receiving Comment from Neighborhood
Councils.

(A) Information from the City should be
sent to certified Neighborhood Councils as soon
as practical so that certified Neighborhood
Councils are afforded as much opportunity as is
practical to provide comment before decisions are
made.

(B) Certified Neighborhood Councils may
provide comment and feedback to the City
Council, its committees, and to City boards and
commissions by using the ENS.

(C) The Neighborhood Council may
communicate its views either by way of mailed
letter, fax, electronic mail (e-mail), or by a
representative appearing in person to make a
presentation on an item before the City’s
decision-makers. Should each certified
Neighborhood Council be provided with an
e-mail address, pursuant to Article VIII of the
Plan, the use of this e-mail address shall be
strictly limited to official Neighborhood Council
business, such as communicating with
Neighborhood Council members about meeting
times and places and communicating with the
City regarding matters of importance to
Neighborhood Councils.

(g) Funding.

(1) Money appropriated in the budget each year
for certified Neighborhood Councils for costs related
to the functions, operations, and duties of being a
certified Neighborhood Council shall be placed in the
Department of Neighborhood Empowerment Fund.
The functions, operations, and duties of a certified
Neighborhood Council include, but are not limited to,
meeting and office space, office equipment,
computers, supplies, and communications, such as the
costs associated with newsletters, postage, or printing
written materials. At the discretion of each
Neighborhood Council, and as approved by the
Department of Neighborhood Empowerment, all or
part of the money so appropriated may be used for
neighborhood improvement projects.

L.A.A.C.

22-236G

Rev. 11 (2005)

§ 22.810.1(g)(2) DEPARTMENTS, ETC., UNDER CONTROL OF MAYOR AND COUNCIL

Division 22

(2) Any money which the Mayor and Council
appropriate as grant funds each fiscal year for certified
Neighborhood Councils shall be available for various
neighborhood improvement projects. In order to be
eligible for grant money, a certified Neighborhood
Council shall submit an application to the Department
and may be awarded grants, pursuant to the provisions
as set forth in Article IX Section 2 of the Plan.

SECTION HISTORY
Added by Ord. No. 176,704, Eff. 7-17-05.

Sec. 22.811. Certification of Neighborhood Councils.

(a) By Laws. Each neighborhood council seeking
official certification from the City shall submit an
organization plan and by-laws to the Department of
Neighborhood Empowerment showing, at a minimum:

(1) the method by which their officers are
chosen;

(2) that neighborhood council membership will
be open to everyone who lives, works, owns property
or otherwise identifies themselves as a stakeholder in
the area, based on their participation in among other
things, educational institutions, religious institutions,
community organizations or other non-profit
organizations;

(3) assurances that the members of the
neighborhood council will reflect the diverse interests
within their area;

(b) Petitioning for Certification and Approval.
Neighborhood councils may petition for certification in
accordance with rules and procedures set forth in the Plan.

SECTION HISTORY
Added by Ord. No. 172,728, Eff. 8-30-99,

Sec. 22.812. Annual City Budget Priorities.

SECTION HISTORY
Added by Ord. No. 172,728, Eff. 8-30-99.

Sec. 22.813. Monitoring of City Services.

SECTION HISTORY
Added by Ord. No. 172,728, Eff. 8-30-99.

(4) a system through which the neighborhood
council will communicate with stakeholders on a
regular basis;

(5) a system for financial accountability of its
funds; and

(6) guarantees that all meetings will be open and
public, and permit, to the extent feasible, stakeholders
to participate in the conduct of business, deliberation
and decision-making.

Rev. 11 (2005)

22-236H

L.A.A.C.

CITY OF LOS ANGELES

VILLASE NEIGHBORHOOD COUNCIL
OFFICERS

MARY GONZALEZ
PRESIDENT

BOB CHU
VICE-PRESIDENT

RON JOHNSON
SECRETARY

VILLAGE NEIGHBORHOOD COUNCIL
REGULAR MEETING AGENDA
Tuesday April 16, 2003 - 6:30 PM
Village Community Center
100 E. Elm Street, Los Angeles, CA 90012

The public is requested to fill out a “Speaker Card” to address the Board on any agenda item before the Board takes
an action. Public comment is limited to 3 minutes per speaker, but the Board has the discretion to modify the amount
of time for any speaker.

[Insert the prior sentences if your board adopts and agrees to these procedures as a means of running your meetings.
Your Board may choose other methods, but please ensure that any methods that you implement and state in this
introduction are consistent with your bylaws. Your Board’s operational rules should be reduced to writing and
approved by your Board as its standing rules).]

The public may comment on a specific item listed on this agenda when the Board considers that item. When the Board
considers the agenda item entitled “Public Comments,” the public has the right to comment on any matter that is within
the Board’s jurisdiction. In addition, the members of the public may request and receive copies without undue delay of
any documents that are distributed to the Board, unless there is a specific exemption under the Public Records
} Act that prevents the disclosure of the record. (Gov’t Code § 54957.5)

The_Neighborhood Council holds its regular meetings on the_/ eg., first Thursday of every month ]

and may also call any additional required special meetings in accordance with its Bylaws and the Brown Act. The
agenda for the regular and special meetings is posted for public review at [list 5 official public notice posting sites].

The_Neighborhood Council complies with Title II of the Americans with Disabilities Act and does not

discriminate on the basis of any disability. Upon request, the_Neighborhood Council will provide reasonable

accommodations to ensure equal access to its programs, services, and activities. Sign language interpreters, assistive
listening devices, or other auxiliary aids and/or services may be provided upon request. To ensure the availability of
services, please make your request at least 3 business days (72 hours) prior to the meeting you wish to attend by
contacting the Neighborhood Council Secretary at (213) 555-5555, or please send an e-mail that states the
accommodations that you are requesting to villageNC@neighborhoodcouncil.org .

SI REQUIERE SER VICIOS DE TRADUCCION, FA VOR DE NOTIFICAR A LA OFICINA 3 dias de trabajo (72
horns) ANTES DEL EVENTO. SINECESITA AYUDA CONESTA AGENDA, POR FAVOR LLAMEA
NVESTRA OFICINA AL (213) 555-5555.

[Please note that the above example asks for the person seeking an accommodation to contact the Neighborhood
Council 72 hours in advance of the meeting. You may be required to insert a different period of time. All efforts
should be made to address any request that is received by the Neighborhood Council, even if the request is not made
during the time period that you requested. In the example above, if the agenda was posted one week in advance of the
meeting, then asking that the person make the request 72 hours before the meeting is a reasonable request. However,
if the agenda was posted 72 hours before the meeting, it is unreasonable to request that the request also be made 72
, hours in advance .]

California

VILLLAGE NEIGHBORHOOD
COUNCIL

100 E. ELM STREET

Los Angeles, Ca 90012
Telephone: ( 213> 555-1212

FAX: (213)555-1111
E-mail: Villaae@neiahborhoodcouncil.orQ

Call to Order and Board of Directors Roll Call.

2. Review and possible approval of minutes from prior meeting held on March 15, 2003.

3. Discussion of and possible adoption of Village Neighborhood Council position regarding the
LADOT proposed options to expand the 101 Freeway, and decision to forward the VNC position to
the all interested governmental agencies, including the Planning Commission, Los Angeles City
Council, and LADOT.

4. Committee Reports - consideration by the Board of the reports and recommendations from its
committees, including possible action in adopting, rejecting, or modifying any report or
recommendation, possible action by the Board implementing the report or recommendation, or
possible determination by the Board of the Neighborhood Council's position on a report or
recommendation and recommendation regarding communication of the position to the appropriate
governmental body:

A. Outreach Committee : Presentation on a proposed outreach strategy improving stakeholder
involvement in the Neighborhood Council that includes presentations, holding block parties,
conducting forums for considering neighborhood issues, creating newsletters and surveys, and
conducting door-to-door outreach. Discussion and possible action by the Board on the
proposed strategy.

B. Bylaw Committee : Presentation on a proposed bylaw amendment to Article 6, Section 2 to

change the provision from “..._...” to “ ..._...” where this

amendment will_[ briefly explain the reason for the change or how this change will

assist the NC with its operations ]. Discussion and possible Board action amending the
bylaws.

C. Financial Committee : Report on the expenditures and current balance of.the VNC budget.

D. Legislative/Govemmental Issues Committee : No report this meeting.

E. Public Safety Committee : Report on status of Public Safety forum.

F. Housing. Land Use and Planning Committee : Report and recommendation by the committee
regarding the request for a conditional use permit from the City Planning Department sought

by Company XYZ for the property located at 111 E. Elm Street, that will allow_

[briefly explain what is requested]. Committee recommends that the Neighborhood Council
support the Company’s request for a conditional use permit.

G. Grievance Committee : Report and recommendation by the committee regarding the
complaint filed by Mr. John Doe against the Neighborhood Council for a Brown Act violation
occurring during the April 16, 2003, meeting, for taking an improper action on a matter that
was not agendized for Board action or consideration. Committee recommends that the
Neighborhood Council re-schedule the item for action at the next regular meeting and state
the proposed action on that meeting’s agenda.

5. Public Comments - Comments from the public on non-agenda items within the Board’s subject
matter jurisdiction. [ You may wish to insert and repeat a sentence here that states any limits the
Neighborhood Council adopted on speaker time limits.]

6. Board Business - Comments from the Board on subject matters within the Board’s jurisdiction

A. Comment on Board Member’s own activities/ Brief announcements.

B. Brief response to statements made or questions posed by persons exercising their general
public comment rights.

BOARD OF NEIGHBORHOOD COMMISSIONERS
AGENDA-APRIL 16, 2002

PAGE 2

C. Introduce new issues for consideration by the Board at its next meeting/request that the item
be placed on the next meeting’s agenda.

D. Ask Committee Chairpersons to research issues and report back to the Board at a future time.

7. Future Agenda Items and other Calendar Events:

□ May 23, 2003 @ 6:30 PM—Next general meeting.

Location: Village Community Center

100 East Elm Street
Los Angeles, CA 90012

8. Adjournment

PROCESS FOR RECONSIDERATION: [Meeting attendees should be made aware of the process in your bylaws
which a vote by the Board can be reconsidered. The following is an example of language that you may use to describe
the reconsideration process, however, you must ensure that, if you use this example, it is consistent with your bylaws :]

The Board may reconsider or amend its actions through the following Motion for Reconsideration process:

1. The Board's approval of a Motion for Reconsideration must occur within the following specific
periods of time: The Motion for Reconsideration must be approved either:

(a) during the same meeting where the Board initially acted; or

(b) during the Board's next regularly scheduled meeting that followed the meeting where the
action subject to reconsideration occurred.

These specified time frames do not prevent the Neighborhood Council from convening any
special meetings within the specified time frames to address a Motion for Reconsideration.

2. Before the Board reconsiders any matter, the Board must approve a Motion for Reconsideration.
The Motion for Reconsideration must be approved by official action of the Board [OR INSERT HOW
the Board takes official action, e.g., a majority of the Board Members present ...] After determining
in the affirmative that an action should be reconsidered, the Board then has the authority to re-hear,
continue, or take action on the item that is the subject of reconsideration within any limitations that
are stated in the Motion for Reconsideration.

3. The Motion for Reconsideration shall only be proposed by a member of the Board that previously
voted on the prevailing side of the original action that was taken by the Board (the "Moving Board
Member"). The Moving Board Member may make the Motion for Reconsideration by either:

(a) an oral motion that is made during the same meeting where the action that is the subject of
reconsideration occurred, or

(b) by properly placing the Motion for Reconsideration on the agenda of a meeting that occurs
within the allowed specified periods of time as stated above.

4. If the Motion for Reconsideration is made subsequent to the meeting where the action that is the
subject of reconsideration occurred, then the Motion for Reconsideration must be on that subsequent
meeting's agenda. The Moving Board Member places a Motion for Reconsideration on the agenda by
submitting a memorandum to the ... [whoever creates the agenda ...e.g., Secretary...] at least...
[Specify a Time line, e.g., two days in advance of the deadline for posting notices for the meeting ....]
The Moving Board Member's memorandum must briefly state the reason(s) for requesting the
reconsideration, and provide the [...Secretary...] with the language necessary to complete the
information that must be stated in the agenda. The language that must be stated in the agenda is an
adequate description of the:

BOARD OF NEIGHBORHOOD COMMISSIONERS
AGENDA-APRIL 16, 2002

PAGE 3

(a) Motion for Reconsideration and its description of the item that is to be re-heard; and

(b) A proposed action that may be adopted by the Board if the Motion for Reconsideration is
approved.

5. When the Motion for Reconsideration is brought before the board for consideration, then that
motion may be seconded during the public hearing by any member of the Board.

6. This reconsideration process shall be conducted at all times in accordance with the Brown Act,
including that: any discussion on the issue remain within permissible discussion parameters; that any
decision is made during the public hearing; and that, if the Motion for Reconsideration is considered
at a subsequent meeting to the meeting where the act that is the subject of reconsideration occurred,
then the Motion for Reconsideration is properly listed on that meeting's agenda.

PROCESS FOR FILING A GRIEVANCE: [Meeting attendees should be made aware of the process in your
bylaws to file a grievance against the neighborhood council and notified of the ability to file a complaint with the
Department of Neighborhood Empowerment. The following is an example that may be used as long as]

Any member of the public may file a grievance by submitting a writing containing the nature of the person’s
complaint to the Secretary of the Neighborhood Council. The written grievance will then be referred to a
grievance committee comprised of five (5) Stakeholders who are randomly selected by the Secretary from a
list of Stakeholders who have previously expressed an interest in serving from time-to-time on such a
grievance committee. Within fifteen (15) days of referral, the Secretary will coordinate a time and a place for
the committee to conduct its public meeting with the person(s) submitting a grievance and to discuss ways in
which the dispute may be resolved. The grievance committee will prepare a report and recommendation to
the Board to be heard within fifteen (15) days from the date of the grievance committee’s meeting. The
Board may receive a copy of the panel’s report and recommendations prior to the meeting by the Board, but
the matter shall not be discussed among the Board members until the matter is heard at a meeting of the
Board pursuant to the Brown Act.

This formal grievance process is not intended to apply to persons who disagree with a position or action
taken by the Board at one of its meetings. Those grievances can be aired at Board meetings. This grievance
process is intended to address matters involving procedural disputes, e.g., the Board’s failure to comply with
Board Rules or these Bylaws, or its failure to comply with the City’s Charter, the Plan, local ordinances,
and/or State and federal law.

In the event that a grievance cannot be resolved through this grievance process, then the matter may be
referred to DONE for consideration or dispute resolution in accordance with the Plan.

BOARD OF NEIGHBORHOOD COMMISSIONERS
AGENDA-APRIL 16, 2002

PAGE 4

CITY OF LOS ANGELES

THE NEIGHBORHOOD COUNCIL

CALIFORNIA

NEIGHBORHOOD

COUNCIL

/FICERS:

C/O Department of Neighborhood

PRESIDENT

Empowerment

Hn Mimm

3516 N. Broadway

VICE-PRESIDENT

Los Angeles, CA 90031

Telephone: ( 323) 224-2321

SECRETARY

TDCACI IDFD

FAX: (323) 224-2312

Toll Free 1 (866) LA HELPS
www.neiahborhoodlink.com/la/minc

_Neighborhood Council

MEETING AGENDA - REGULAR [or SPECIAL]

Friday, April_, 2003 at 7:00 PM

The Building and Room (ADA Approved)

1809 Anywhere Blvd.

Los Angeles, CA 900_

The public is requested to fill out a “Speaker Card” to address the Board on any item of the
agenda prior to the Board taking action on an item. Comments from the public on Agenda items
will be heard only when the respective item is being considered. Comments from the public on
other matters not appearing on the Agenda that is within the Board’s subject matter jurisdiction will
be heard during the Public Comment period. Public comment is limited to [X] minutes per speaker,
unless waived by the presiding officer of the Board. This agenda is posted for public review at:

[List the 5 locations specified for public posting as stated in your application for certification). As a
covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not
) discriminate on the basis of disability and upon request, will provide reasonable accommodation to
ensure equal access to its programs, services, and activities. Sign language interpreters, assistive
listening devices, or other auxiliary aids and/or services may be provided upon request. To ensure
availability of services, please make your request at least 3 business days (72 hours) prior to the
meeting you wish to attend by contacting the Neighborhood Council Project Coordinator at
(323) 22X-XXXX or e-mail to name@mailbox.lacitv.org .

1. Call to Order and Roll Call

2. Old business: Approval of minutes from prior meeting.

3. Discussion and possible adoption of Standing Rules to assist the Board with its procedural
operations.

4. Discussion and adoption of official position to recommend to [the City Council, the Mayor,
City Officials ...] on ....

5. Board Member Comment - Comments from the Board on subject matters within the Board’s
jurisdiction

1. Comment on Board Members own activities/brief announcements

2. Brief Response to statements made or questions posed by persons exercising
their general public comments rights

3. Introduce new issues for consideration by the Board at the next meeting and
request that [person in charge, charge, e.g., the Secretary] place the matter or
item on the agenda

6. Public Comments - Comments from the public on non-agenda items within the Board’s
subject matter jurisdiction. Public comments are limited to [X] minutes per speaker.

7. Future Agenda Items and other Calendar Events:

(List Here)

8. Adjournment

PROCESS FOR RECONSIDERATION: [Insert the language from your bylaws regarding
reconsideration.]

GRIEVANCES: In addition to any other remedies at law, if you have a grievance that you
believe has been committed by this Neighborhood Council you may ... [Insert who to
contact or how to start the internal grievance process]. A grievance is not one that is based
on your disagreement with a position taken by the Board, e.g., the Board voted contrary to a
position that you strongly supported. A grievance is an objection based on the failure of
the Neighborhood Council or its Board to comply with its bylaws, rules, or laws. If you
remain unsatisfied with the resolution of your grievance by this Neighborhood Council,
then you may also file a complaint with the Department of Neighborhood Empowerment.

BOARD OF NEIGHBORHOOD COMMISSIONERS
AGENDA-APRIL 16, 2002

PAGE 2

Opening Meeting Sample Script

Ladies and Gentlemen welcome to our Neighborhood Council meeting. Today is [state the date,

eg., Monday, August 2, 2004], My name is_and I am the President our Neighborhood

Council’s board. Our board is a representative body that is elected by area stakeholders {state
when, e.g.., every January} and if you would like more information or to become more involved with
our Neighborhood Council, please meet with me after tonight’s meeting.

During tonight’s meeting, we will be discussing the items that are listed on the meeting’s agenda.
There are copies of the agenda for your use [state the location, e.g., on the table at the back of the
room].

The agenda contains a list of the items that we will be discussing during tonight’s meeting. We will
proceed with each agenda item in numerical order, {alternative example: I have received a request
to take item number 4 on the agenda out of order and the board will hear that item first, and then
proceed in numerical order with the remaining items on the agenda}

Now is the time for board members to survey the agenda to determine whether any board member
present has a conflict of interest under the state Political Reform Act, Government Code Section
1090, or the common law rules of bias. These rules provide that a board member should not
participate in matters in which he or she has a financial interest or when he or she has a personal
interest which may conflict with their official duties.

Should any board member have a conflict of interest, at the time the agenda item is announced for
discussion, the board member should identify the general nature of the conflict, indicate that he or
she is recusing him or herself from participating in the matter, and leave the room during the
duration of the discussion of the item. ®

Before we make a decision on any item, the public is provided with the opportunity to provide its
comment on the item that we are considering. If you have a general comment on an item that is
not listed on the agenda then you may provide us with your comment during the “Public Comments”
portion of the meeting. Please understand that there are certain laws that apply to Neighborhood
Councils that limit our discussion to the items that have been listed on the agenda. These laws
limit the actions that we may take during tonight’s meeting, thus, we may be legally prohibited from
acting on a concern that you expressed. However, please note that your concern may become the
topic of discussion at a future meeting before our Neighborhood Council after we have had the
chance to list the item on the agenda.

In order for you to speak and be heard on any agenda item, you will be called by me when it is your
turn to speak. In order for me to know that you want to speak, please fill out a “Speaker Card.”
Copies of the Speaker Cards are located on the table at the back of the room. After you fill out the

card, please hand it to Mr/Mrs_who is seated at the far right of this table.

When a person is speaking, they are entitled to courtesy and respect. There should not be any
other discussion occurring in the room. If you want to chat with your neighbor, then please take
that discussion outside while our meeting is in session. We will treat one another with respect
during this meeting. That means we act with civility and decorum. We do not “boo” or hiss when
disagreeing with someone’s point of view. Any competing viewpoints may be articulated without
the need for inappropriate or uncivil actions.

Last, please turn off your cell phones and pagers.

(SAMPLE)

NEIGHBORHOOD COUNCIL ECONOMIC INTEREST DISCLOSURE FORM

Neighborhood Council Bylaws

Under the Plan for a Citywide System of Neighborhood Councils (the “Plan”), each Neighborhood
Council is required to have bylaws and these bylaws must state or describe how the Neighborhood
Council will operate. This handout will discuss the Plan requirements and provide suggested bylaw
language for Neighborhood Councils.

Article III section 2(c) of the Plan states that the bylaws must include the following information:

“(i) The Neighborhood Council name

(ii) Community Stakeholder Membership and the Governing Body

(1) The bylaws shall state that the Neighborhood Council membership is
open to all Community Stakeholders.

(2) The bylaws shall include a list of offices of the Governing Body and a
method for regularly electing or selecting officers who shall serve as
the Governing Body. For purposes of the Plan, the term Governing
Body refers to Community Stakeholders of a Certified Neighborhood
Council who are empowered to make decisions on behalf of that
Certified Neighborhood Council.

(a) A Certified Neighborhood Council’s Governing Body must, to the
extent possible, reflect the diversity of the Neighborhood
Council’s Community Stakeholders. Accordingly, no single
Community Stakeholder group shall comprise a majority of a
Certified Neighborhood Council’s governing body, unless
extenuating circumstances are warranted and approved by [the
Department of Neighborhood Empowerment (“DONE”)].

(b) In order to encourage diversity and innovation in leadership on the
governing body, no person may serve more than eight consecutive
years in any office of a Certified Neighborhood Council’s
Governing Body.

(iii) Meeting procedures. Each Neighborhood Council shall:

(1) Meet at least once per calendar quarter.

(2) Obey any or .all sections of the State of California’s open meeting
procedures that apply to Neighborhood Councils (Ralph M. Brown
Act), which includes posting meeting notices in generally accepted
public places or through electronic media, such as e-mail or posting
notice on DONE Web page.

Neighborhood Council Bylaws

Page 1

(3) Establish procedures for communication with all Neighborhood
Council Community Stakeholders on a regular basis in a manner
ensuring that information is disseminated evenly and in a timely
manner.

(4) A process for running meetings, including:

(a) The number of Governing Body members that constitute a
majority and a quorum;

(b) The number of votes by a Governing Body for a Certified
Neighborhood Council to take official action, such as adoption of
an item or position; and

(c) The way in which a vote by the Governing Body or action by a
Certified Neighborhood Council can be reconsidered, if
applicable.

(iv) A grievance procedure shall be established by which an individual
Community Stakeholder or group of Community Stakeholders of a
Certified Neighborhood Council shall be able to express concerns to their
Governing Body about its decisions and actions.”

When your Neighborhood Council’s bylaws were evaluated for Certification, they were evaluated based
on whether they included bylaw provisions that satisfied these minimum Plan requirements.

BYLAW CHECK LIST FOR NEIGHBORHOOD COUNCILS

#1 NAME

The bylaws must include a statement indicating the official name for the neighborhood council.

Example: “Upon certification, the name of this neighborhood council shall be

{Insert name), an officially recognized advisory council hereby part of the Los Angeles
Citywide system of neighborhood councils.”

#2 GEOGRAPHIC AREA

The bylaws must include a statement indicating the geographic boundaries for the neighborhood council.

Example: “The boundaries for the {Insert name } include the geographic area described as follows:

... {Insert a description of your boundaries } ....

(See Attached Map.)”

Neighborhood Council Bylaws

Page 2

Including a Map is helpful to your stakeholders because it is easier for people to visually determine from
the map if they are stakeholders in your geographic area.

#3 OPEN MEMBERSHIP

The bylaws must state that membership in the council is open to all community stakeholders.

Example: “Membership in this Neighborhood Council is open to all Community Stakeholders or

Stakeholders. A Stakeholder is a person who lives, works, or owns property within the
Neighborhood Council boundaries. In addition,... {Insert any additional classes that you
choose to add, also make sure that you specify any requirements on these optional
stakeholder categories, e.g., Stakeholders also include those persons who participate in
educational institutions located in the neighborhood council boundaries.}

Note that persons who live, work, or own property within the neighborhood Council boundaries are
Mandatory Classes of stakeholders and must be included in the neighborhood council.

You may add any number of additional stakeholder classes. The Plan provides the following as
examples of other optional stakeholder classes that you might choose to add: educational institutions,
religious institutions, community organizations or other non-profit organizations, block clubs,
neighborhood associations, homeowners associations, apartment associations, condominium
associations, resident associations, school/parent groups, faith based groups and organizations, senior
groups and organizations, youth groups and organizations, chambers of commerce, business
improvement districts, service organizations, park advisory boards, boys and girls clubs, cultural
groups, environmental groups, codewatch, neighborhood watch, police advisory board groups, and or
redevelopment action boards.

#4 ESTA BUSH INTERIM BOD Y

Establish an Interim Body that will guide the Neighborhood Council from the point in time after the
certification hearing through the initial elections. You must describe the composition of this body by
specifically stating the names of the persons involved, explain how the interim body will make decisions
by stating the number of votes necessary to take action, and state that the interim body’s authority is
limited to matters dealing with the conduct of the initial elections.

Example: “After certification and preceding the first elections for this Neighborhood Council, the

Neighborhood Council will act ...{by or through? state the names of those people } A
quorum is ... {state the number) and decisions shall be made by a ... {state how many
votes are needed to act, e.g., majority of those present } The interim board’s authority
shall be limited to dealing with matters regarding the conduct of the initial elections for
this Neighborhood Council.”

#5 OFFICES OF THE GOVERNING BODY

The bylaws must state all the offices of the governing body, including a description of the roles and
responsibilities of each office.

Neighborhood Council Bylaws

Page 3

The Treasurer must be an Officer of the Board. You must state that the Treasurer will comply with
Generally Accepted Accounting Principles (GAAP)

# 6 INSTALLATION OF GOVERNING BODY

The bylaws must provide a process by which a GOVERNING BODY is elected or selected. The
process should be clearly stated so that any third party would be able, on reading the bylaws, to
understand how that person, if desired, would be able to run/obtain a board seat. The process for
conducting both the Initial Elections and Regular Elections must be explained in a clear and
understandable manner.

State the eligibility requirements for any special board seats. For example, some neighborhood councils
set up geographic sub-regions within their neighborhood council. In this case you would want to state
the eligibility requirements for the geographic seats.

If you include any optional stakeholder classes in your neighborhood council, then that group also must
have the opportunity to vote and the opportunity to serve on a board seat. One method of providing this
opportunity to participate is to create an “At-Large Seat” on the board that is open to every stakeholder.

If you include a Board Seat for a youth member who is less than 18 years of age, you should state:
“However, the youth board member shall be precluded and shall be recused from voting on matters
regarding: the expenditure of public funds; the entering into of contracts or contractual matters of the
neighborhood council; and determinations that will advise any third-party in City government on a
contract, including the entry, renewal, or contract terms.”

It is highly suggested that you add a provision for filling vacancies on the board. You should also
include a specific provision for removing and filling your officer positions as well.

Please note, your Neighborhood Council may wish to include a removal provision. You may remove a
board member for “good cause” but board members may not be removed for arbitrary or capricious
reasons. The better practice would be to identify in the bylaws the circumstances that constitute “good
cause.” Some permissible removal provisions are based on definitive objective criteria, e.g., the failure
to attend three consecutive board meetings, or removal triggered by a petition process from the
stakeholders who were eligible to vote for the board member’s seat. If you intend to have a removal
provision your bylaws should state: “The Neighborhood Council will consult with its legal advisor, the
Office of the City Attorney, throughout the removal process.”

# 7 TERMUMITS ON GOVERMNG BODY

Your bylaws must state certain required limitations imposed on the governing body under the Plan:
Example: “No person shall serve more than eight consecutive years.”

Neighborhood Council Bylaws

Page 4

{Ifyour election/selection process permits the possibility that a single stakeholder group could obtain
majority control of the governing board, then you must also state:] No Stakeholder group shall
comprise a majority of the Neighborhood Council’s governing body, unless extenuating circumstances
are warranted and approved by DONE.

# 8 INSTALLA TION OF OFFICERS

Explain the process for selecting or electing the OFFICERS for the Board. Your explanation must
include both the Initial Elections and the Regular Elections that will be conducted by your
Neighborhood Council.

Example: “Officers shall be elected from the members of the Board by the members of the Board

by a majority vote of those board members present at the first meeting following any
Board election.”

Explain the qualifications of your officers or any of the special duties that they will undertake.

# 9 STAKEHOLDER voting

Explain the voting process that Stakeholders will follow to elect their Board members. If your
Neighborhood Council uses a selection process to choose your governing board, then provide specific
detail on how a Board member is selected. Every Stakeholder must have the right to vote, subject to any
reasonable restrictions on the age of minors. If you have minors who will be voting in your elections, it
is highly suggested that you set forth a minimum voting age in your bylaws. Any person should know,
upon reading the bylaws, exactly how many votes they have and how they are allowed to cast their votes

If you have district representation, then explain how Stakeholders vote. Do you vote in each district Or
vote in all districts? Or, if you have seats set aside for Stakeholder classes, do the Stakeholders vote for
their respective Stakeholder classes? Or does everyone vote for everyone?

# 10 MEETING FREQUENCY

Neighborhood Council meetings must occur at least once per calendar quarter.

Example: “...shall meet at least once per calendar quarter, and {... e.g., the President ...} shall call

any additional meetings as desired.”

#11 MEETING RULES

Your bylaws must state that the Neighborhood Council will abide by all laws, including the State’s
Brown Act. The Brown Act mandates that the Neighborhood Council comply with certain methods for
noticing its public meetings and conducting these meetings.

Neighborhood Council Bylaws

Page 5

Example: “...shall abide by any and all Federal, State, and Municipal laws, including the Brown

Act. In addition,...may adopt Standing Rules as appropriate by majority vote of those
board members present at a duly noticed and agendized meeting.”

If your bylaws are inconsistent with federal, state or local law, the bylaw provision is invalid. In
addition, your standing rules must be consistent with your bylaws. Any standing rule inconsistent with
federal, state, local law or your bylaws is invalid.

#12 OFFICIAL A CTION

Specify the number of people needed on your board for a quorum (the minimum number required for the
meeting to occur) and state how the board takes official action (majority of those present, majority of the
entire board, 2/3 etc.,1 )

Example: “Of the 13 people on the board, a quorum of 7 board members must be established

before the meeting may proceed. Any meeting with less than a quorum shall be
adjourned. The Neighborhood Council shall take action only upon agreement by a
majority of those board members present at a duly noticed and agendized meeting.”

# 13 PROCEDURE^FOR COMMUNICATION

Each Neighborhood Council must explain the process by which it will communicate with all
Stakeholders and this communication must occur on a regular and timely basis.

Example: “The Neighborhood Council will distribute periodic announcements to all Stakeholders

within the boundaries of the Neighborhood Council. The Neighborhood Council will
endeavor to use modem technology to its advantage to deliver information to its
Stakeholders. The Board shall establish a Communication and Outreach Committee that
shall develop further standing rules to achieve these goals, subject to approval by the
Board. This Committee shall report to the Board on a monthly basis and shall inform the
Board of: the Committee’s outreach efforts for the month; the Committee’s efforts
toward sustaining, improving, and obtaining diversity among the Neighborhood
Council’s stakeholders; the Committee’s suggestions for further improving
communication and outreach for the Neighborhood Council; update the board on the
Committee’s ongoing communication and outreach project; and establish measurable
goals with deadlines that may track progress toward the overall objectives for improving
communication and outreach.”

#14 RECONSIDERA TION

The council must state a process by which its official actions may be reconsidered if the governing
board determines that there may be a justification for re-evaluating its earlier decision.

Neighborhood Council Bylaws

Page 6

Example language:

“The Board may reconsider or amend its actions through the following Motion for Reconsideration
process:

1. The Board's approval of a Motion for Reconsideration must occur within the following
specific periods of time: The Motion for Reconsideration must be approved either: (a) during
the same meeting where the Board initially acted; or (b) during the Board’s next regularly
scheduled meeting that followed the meeting where the action subject to reconsideration
occurred. These specified time frames do not prevent the Neighborhood Council from
convening any special meetings within the specified time frames to address a Motion for
Reconsideration.

2. Before the Board reconsiders any matter, the Board must approve a Motion for
Reconsideration. The Motion for Reconsideration must be approved by official action of the
Board [OR INSERT HOW, e.g., a majority of the Board Members present ...] After
determining in the affirmative that an action should be reconsidered, the Board then has the
authority to re-hear, continue, or take action on the item that is the subject of reconsideration
within any limitations that are stated in the Motion for Reconsideration.

3. The Motion for Reconsideration shall only be proposed by a member of the Board that
previously voted on the prevailing side of the original action taken by the Board (the
"Moving Board Member"). The Moving Board Member may make the Motion for
Reconsideration by either: (a) an oral motion that is made during the same meeting where
the action that is the subject of reconsideration occurred, or (b) by properly placing the
Motion for Reconsideration on the agenda of a meeting that occurs within the allowed
specified periods of time as stated above.

4. If the Motion for Reconsideration is made subsequent to the meeting where the action that is
the subject of reconsideration occurred, then the Motion for Reconsideration must be on that
subsequent meeting's agenda. The Moving Board Member places a Motion for
Reconsideration on the agenda by submitting a memorandum to the ... [whoever creates the
agenda ...e.g., Secretary...\ at least... [Specify a Timeline, e.g., two days in advance of the
deadline for posting notices for the meeting....] The Moving Board Member's memorandum
must briefly state the reason(s) for requesting the reconsideration, and provide the
[...Secretary...] with the language necessary to complete the information that must be stated
in the agenda. The language that must be stated in the agenda is an adequate description of
the: (a) Motion for Reconsideration and its description of the item that is to be re-heard; and
(b) A proposed action that may be adopted by the Board if the Motion for Reconsideration is
approved.

5. When the Motion for Reconsideration is brought before the board for consideration, then that
motion may be seconded during the public hearing by any member of the Board.

Neighborhood Council Bylaws

Page 7

6. This reconsideration process shall be conducted at all times in accordance with the Brown
Act, including that: any discussion on the issue remain within permissible discussion
parameters; that any decision is made during the public hearing; and that, if the Motion for
Reconsideration is considered at a subsequent meeting to the meeting where the act that is
the subject of reconsideration occurred, then the Motion for Reconsideration is properly
listed on that meeting's agenda.

#15 GRTEVANCEPROCEDMM

The bylaws must provide a process by which grievances are settled and disputes resolved.

The grievance process is not intended to apply to stakeholders who simply disagree with a position or
action taken by the Board, but rather to address matters involving procedural disputes (e.g., the Board’s
failure to comply with Board Rules or these Bylaws, or its failure to comply with the City’s Charter, the
Plan, local ordinances, and/or state and federal law).

The initial decision on the grievance should be considered by a neutral third party that is not likely to be
the subject of the complaint. The neutral third party’s recommendation on a course of action to the
Board may lead to the resolution of more problems then simply having the Board, who likely are the
subject of the complaint for the actions they took, hear and decide the grievance.

The procedures should state how the grievance is filed, deadlines for any committees to return to the
Board with a recommendation, deadlines for the board to take action, and that the person filing the
grievance may also file a complaint with DONE.

#16 B YLA W_ AMENDMENT

The bylaws must state a process describing how they are to be amended or adjusted.

The amendment procedure must state that no amendment to the bylaws is effective until approved by
DONE under Article V of the Plan.

If the Neighborhood Council chooses to initiate the amendment process through some action by its
stakeholders, the amendment process must still include a ratification of the amendment by the Board.

#17 STA TEMENT ON CODE OF ETHICS

The bylaws must include a Code of Ethics statement.

Example: “The council, its representatives, and all stakeholders will endeavor to conduct council

business in a professional and respectful manner. The council, its representative, and all
stakeholders will refrain from violating Board Rules and shall abide by the Plan and all
City, County, State, and'/or federal laws that may apply, including any applicable
provisions from the Governmental Ethics Ordinance (Los Angeles Municipal Code ‘
49.5.1 et seq .).”

Neighborhood Council Bylaws

Page 8

#18 NON-DISCRIMINA TION

The bylaws must include a Non-Discrimination clause.

Example: “The council, its representatives, and all stakeholders shall not discriminate in any of

their policies, recommendations in any of their policies, recommendations or actions
against any individual or group on the basis of race, religion, color, creed, national origin,
ancestry, sex, sexual orientation, age, disability, marital status, income, or political
affiliation.”

# 19 SELF-EXPLANA TOR Y AND CONSISTENT

Most importantly, the bylaws should explain how to handle future problems in a manner that is clear and
precise. There should not be any inconsistencies in the bylaws. Are the bylaws easy to read and
understand?

The establishment of clear election procedures and a definitive method for resolving any problems is
crucial to the success of your Neighborhood Council. It is best to establish any process/rules for
anticipated problems before the problem occurs.

Neighborhood Council Bylaws

Page 9

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